No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any land be designed, used or physically altered for any purpose or
in any manner, except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, such
subdivision shall be effected in such a manner as not to impair any
of the requirements of this chapter with respect to the existing building
and all yards and other open space in connection therewith and so
that all resulting lots have adequate dimensions consistent with the
requirements of the zoning district in which they are located and
so that all lots have frontage on a street.

Whenever the owner of a lot existing at the time of adoption of this
chapter has dedicated or conveyed land to the Township in order to
meet minimum street width requirements of the Township or to implement
the recommendations of the Master Plan of the Township, the Construction
Official and Zoning Officer shall issue building, zoning and occupancy
permits for the lot whose depth or areas are rendered substandard
in area only because of such dedication and where the owner has no
other adjacent lands to provide the minimum requirements.

To implement the fair share plan in a manner consistent with the
terms of the settlement agreement, ensure the efficient use of land
through compact forms of development and to create realistic opportunities
for the construction of affordable housing, inclusionary zoning shall
be permitted on the following properties consistent with the provisions
of the Amended and Restated Robbinsville Redevelopment Plan, the Township
of Robbinsville's Housing Plan Element and Fair Share Plan, and
the terms of the settlement agreement:

Any townhouse, garden apartment, mixed-use development or other
multiple-family residential development, including PURDS, within a
designated redevelopment property identified in the Amended and Restated
Robbinsville Redevelopment Plan shall provide a minimum affordable
housing set-aside of 15% of the total number of units, if the affordable
units will be for rent, and 20% of the total number of units, if the
affordable units will be for sale.

Any property in the Township of Robbinsville that is currently
zoned for nonresidential uses and that is subsequently rezoned for
residential purposes or receives a use variance to permit residential
development, or that is currently zoned for residential uses and that
receives a zoning change or a density variance to permit residential
development, or for which residential development is permitted through
adoption of a redevelopment plan or amended redevelopment plan in
areas in need of redevelopment or rehabilitation, which residential
development is a townhouse, garden apartment, mixed-use development
or other multiple-family residential development, including PURDS,
which residential development is at a gross density of at least six
units per acre and, in cases in which there was a previously specified
residential gross density, not less than twice the previously permitted
gross density, shall provide an affordable housing set-aside of 15%
if the affordable units will be for rent and 20% if the affordable
units will be for sale.

Pertaining to the foregoing properties, any townhouse, garden apartment,
mixed-use development or other multiple-family residential development,
including PURDS, that will contain five or more dwelling units shall
comply with the following:

A minimum of 15% of the total number of units shall be set aside
as affordable housing units if the affordable units will be for rent.
If the calculation of the total number of affordable units required
yields a fraction of less than 0.5, then either a pro-rated payment
in lieu or one additional unit shall be provided. If the calculation
of the total number of affordable units required yields a fraction
greater than 0.5, the obligation shall be rounded up and the additional
unit shall be provided.

A minimum of 20% of the total number of units shall be set aside
as affordable housing units if the affordable units will be for sale.
If the calculation of the total number of affordable units required
yields a fraction of less than 0.5, then either a pro-rated payment
in lieu or one additional unit shall be provided. If the calculation
of the total number of affordable units required yields a fraction
of greater than 0.5, the obligation shall be rounded up and the additional
unit shall be provided.

At least half of all affordable units shall be affordable to
low-income households, and the remainder may be affordable to moderate-income
households. Within rental developments, at least 13% of the affordable
units shall be affordable to very-low-income households, with the
very-low-income units counted as part of the low-income requirement.

The provisions of Subsection C shall not apply to the TC Town Center District. The affordable housing requirements for this zone shall be governed by the requirements in § 142-19 of the Land Use Code for Township of Robbinsville.

Preamble. The Rural Residential Zone is intended to preserve the
rural land use pattern and visual character by allowing low-density
residential units while encouraging farms and related uses. The permitted
density is low and the development permitted will generally not benefit
from public capital expenditures. The permitted density is one unit
per two acres, which recognizes the septic unsuitability and seasonal
high water table of many of the soil types. Agricultural and conservation
easements are encouraged to retain viable farmland.

Farms provided that if ponies, horses, cows, sheep, fowl, or various livestock are kept on the farm, then in that event the farm shall provide a building for the shelter and care of the animals in accordance with § 142-108L of this chapter, and all such livestock shall be contained within fenced areas.

Greenhouses are a permitted accessory use and structure, provided
that the aggregate square footage of all structures situated on the
site does not exceed 55,000 square feet or 15% coverage of the total
lot area, whichever is less.

Landscape contracting, tree pruning services, firewood processing,
wood mulches and sales of products grown on the site are permitted
accessory uses, provided the activities are subordinate to the permitted
primary use of the site, including, but not limited to, a farm, forest
tract or nursery, with a minimum lot size of five acres.

All agricultural activities and farm-related uses of land, including,
but not limited to, the sale of agricultural, horticultural or forestry
produce or products which have been raised on the property from which
it is sold and freezing lockers or other similar facilities for the
sale, storage and processing of farm and livestock produce, including
the sale of firewood, which has been raised on the farm from or on
which it is to be sold, stored or processed; provided, however, that
the issuance of a permit therefor shall first have been approved by
the Planning Board, after public notice and hearing, on the basis
that adequate lot area and yard spaces are provided, that the buildings
and use will not adversely affect the neighborhood and that adequate
parking space is provided for as many customers and employees as might
be expected on the premises at one time.

Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall be located within 100 feet of any property or street right-of-way line. See § 142-36 for additional standards.

Private residential toolsheds not to exceed 12 feet in height
measured to the highest point in the roof line nor eight feet measured
to the top of the highest sidewall and not greater than 300 square
feet in area; provided, however, that not more than one such toolshed
per lot shall be a permitted accessory building.

Campers, travel trailers, boats and other movable property,
to be parked or stored in rear or side yards only, at least 20 feet
from the rear and side property line. The dimensions of any camper
or travel trailer shall not be counted in determining total building
coverage, and such vehicles shall not be used for temporary or permanent
living quarters while situated on a lot.

Satellite antenna dishes shall be permitted in the side or rear
yard only within the side and rear yard setbacks, and shall not be
mounted on any structure, but shall be permanently located on the
ground.

Amateur radio antennas and antenna support structure not to
exceed 45 feet in height, unless the structure is retractable. The
height of a retractable antenna structure shall not exceed 45 feet
when the structure is not being used for the transmission and/or reception
of amateur radio signals, and 65 feet when the structure is fully
extended and in use for the transmission and/or reception of amateur
radio signals.

Minimum required usable development area. All lots in the RR District
shall provide a minimum usable contiguous development area equivalent
to or greater than 25,000 square feet; provided, however, that no
less than 20,000 square feet within a minimum usable contiguous development
area shall be located within the required setbacks for locating a
principal building and further provided that the portion of the usable
contiguous development area within that principal building envelope
shall be of such dimensions that a circle of not less than 100 feet
can be scribed within it. No development of structures shall be permitted
on existing slopes of 12% or greater. All development shall be designed
to minimize disturbance of development sites to the greatest extent
practicable. Development shall be designed to minimize disturbance
of environmentally sensitive features by locating development and
site disturbance within the usable development area to the greatest
extent practicable.

Minimum lot areas shall not include lands which are within an existing
one-hundred-year floodplain, wetlands, wetland transition areas and
lands which have slopes of 25% or greater. Lands with existing slopes
of 14% to 24.9% shall not exceed 25% of the permitted lot area. Lands
with existing slopes of 10% or greater shall not exceed 50% of the
minimum permitted lot area.

Any person desiring to subdivide property in the RR Rural Residential
District may elect to apply to the Board for a major subdivision under
the following reduced street improvement requirements, provided that
each request meets the following criteria, to be determined by the
Board:

The proposed local streets will not interconnect with existing
or proposed streets in other classifications to form continuous routes.
They will be designed to discourage any through traffic, will have
the exclusive function of providing access to properties abutting
the street and will follow the contours of the land to the greatest
extent possible.

If it is determined by the Board that the proposed development conforms
to the criteria established for the reduced street requirements, the
following reduction in standards and improvements for the local streets
only will be allowed:

Subject to approval by this Board in each specific case, surface
stormwater drainage may be carried in open ditches either inside or
outside the right-of-way of the local streets or in other suitable
drainage structures within the right-of-way as may be approved by
the Township Engineer.

No further subdivision of any lot or lots subdivided under these
standards shall be permitted within 50 years from the date of final
approval by the Township, regardless of future zoning changes affecting
lot area requirements, and a statement to this effect shall be written
on all plats submitted to the Township for review and approval, with
a filed deed restriction and notification to buyers.

Purpose. The planned unit residential development (PURD) option is
intended as a method of preserving land within the Rural Residential
District by allowing landowners the option of transferring their right
to develop land to the Town Center District or any other district
so designated in this chapter and thereby restricting the subject
property in perpetuity for agriculture, conservation land or recreation,
except as modified herein. This option will preserve land in locations
where there is limited infrastructure while directing development
to areas most suited for housing and other development within the
Township.

The tract shall be designated on the Land Preservation Plan
of the Township Master Plan, dated January 2002, or as a formally
adopted Priority Open Space Acquisition/Preservation Plan developed
in accordance with criteria established by ordinance, as it may be
last amended or superseded. The Land Preservation Plan shall be a
subplan element of the Master Plan of the Township of Robbinsville
and shall be amended or superseded pursuant to the provisions of applicable
law.

The tract shall not be owned by a government, government agency,
or other political subdivision; a public utility as defined in N.J.S.A.
48:2-13; or an interstate energy transmission company regulated by
the Federal Energy Regulatory Commission.

Soil types. Each parcel designated on the Land Preservation Plan has been mapped utilizing the U.S. Department of Agriculture's Soil Conservation criteria for septic suitability based on the soil types surveyed in Mercer County. Each soil has been classified for septic suitability into three categories: slight, moderate and severe limitations. In Robbinsville Township, several soil types have septic suitability ranging from moderate to severe and shall be considered to have severe limitations for the purposes of the determination of development credits. The amount of land for each parcel in each of the three categories is found in the Allocation Table established in Subsection L(6). The calculation for determining credits is based on the zoning in place for each parcel at the time of adoption of this Subsection L and on soil types is as follows:

Bonus credits. In addition to the credits allocated to each
parcel based on the limitation for septic system disposal, bonus credits
shall be added to the total credits in accordance with the priority
ranking number assigned as indicated on an adopted Priority Open Space
Acquisition/Preservation Plan in accordance with the following allowances:

Regardless of the calculation of credits in Subsection L(4)(a) and (b) hereinabove, each eligible tract within the Rural Residential District and identified on the Land Preservation Plan shall be entitled to a minimum of one credit.

Eligible properties consisting of sufficient acreage shall be
entitled to one residual residential lot for every 50 acres of land
preserved pursuant to this subsection. The number of residual residential
lots associated with any preserved parcel(s) shall not exceed three
notwithstanding the total number of preserved acres. The residual
residential lots shall comply with all lot area and design standards
of the Rural Residential Zone District and shall be located and established
by Planning Board approval. One full credit shall be deducted from
the total credits to be transferred from the tract, as a result of
the creation of the residual residential lot, and so recorded in the
record of transfers.

Appeal of determination of credits. Any landowner or person with an equity interest in property eligible for participation in the PURD option may appeal the allocation of credits in accordance with the procedures set forth below. Any appeal of a credit allocation shall occur prior to the recording of a deed restriction preventing further development of the property in accordance with § 142-82D(2).

Notice of appeal. The parcel owner shall submit a properly completed
notice of appeal and required application and review fees to the Planning
Board Secretary. The notice shall include the following information:

Conceptual subdivision plan required. In order to appeal the
allocation of credits, a conceptual subdivision plan conforming to
submission requirements of the conceptual subdivision checklist and
the Rural Residential District yard and lot layout standards without
variance shall be submitted. Percolation test results shall be submitted
and approved by the Robbinsville Township Board of Health certifying
the viability for each proposed building lot for on-lot effluent disposal.
The Planning Board shall determine the lot yield for the tract within
the time for action required of a preliminary subdivision application
pursuant to N.J.S.A. 40:55D-48c, once a complete application has been
submitted. Each lot that the Planning Board finds to be without variance
and certified by the Board of Health shall be assigned one credit
and the total of all credits for the subject property recorded in
the Allocation Table.[3]

The Department of Planning and Zoning, or another agency designated
by the governing body of the Township, shall keep and record the number
of credits assigned to each parcel of land, whether determined by
formula or by appeal, in the Allocation Table (attached hereto as
Exhibit A)[4] and as amended from time to time as established in Subsection L(6) and incorporated herein by reference. The Allocation Table shall also include the block and lot number(s) of the subject land, property owner's name, property address, total area of land, and percentages of land with soils of severe, moderate and slight constraints for use of on-site effluent disposal as determined in Subsection L(4)(a). The Allocation Table shall be updated whenever the Planning Board approves an appeal or by decision of a court of competent jurisdiction. The Allocation Table shall be a public record.

The Municipal Clerk shall mark each transfer of credits from
the sending parcel to the receiving parcel in a record of transfers.
The record of transfers shall include the block and lot number(s)
to which credits shall be transferred from and to, the respective
landowners and their addresses, the transferring entity, and the use
of credits by date, number, and any other information deemed pertinent
by the administrative officer or its designee. The record of transfer
shall be a public record.

The actual transfer of credit shall take place only after approval and fulfillment of all conditions of the PURD required by the board of jurisdiction and recording of an easement preventing future development in accordance with the provisions of § 142-82D(1). No residual credits shall remain attached to the land in the Rural Residential District that is the subject of the PURD transfer once the transfer is complete except for the residual residential lot(s) created pursuant to Subsection L(4)(d) hereof.

Partial credit. A landowner may elect to include only a portion of
the total parcel within the PURD tract area for the purposes of transferring
credits to the Town Center Districts under the following requirements:

The minimum area for the transfer parcel shall be six contiguous
acres and shall include frontage on an existing street. The precise
amount of frontage to be included in the tract area shall be determined
on a case-by-case basis. Parcels to be preserved due to environmentally
sensitive conditions or with the intent of being preserved in conjunction
with other parcels to be preserved on contiguous tracts may be exempted
from the frontage requirement by the Planning Board.

Retention of existing house and farmstead. Landowners desiring to
retain an existing single-family detached house or farm stand on land
proposed for transfer of credits shall meet the following requirements:

The applicant may simultaneously file an application for minor
subdivision approval with that of the PURD application to create a
lot for the existing residence or farmstead. The minor subdivision
application shall not be subject to the creeping subdivision provisions
of the definition of minor subdivision whereby any second subdivision
of land subsequent to 1967 involving the same tract shall be deemed
a major subdivision.

The lot proposed for subdivision containing the existing single-family detached house or farmstead shall meet the minimum standards for lots within the Rural Residential District (See § 142-13E.), but shall not exceed four acres in area.

The applicant in the alternative may seek to have the existing
single-family detached house or farmstead and surrounding area, not
to exceed four acres, treated as an exception from the deed restriction
imposed on the remainder of the preserved tract or part thereof.

Preamble. The Rural Residential — Transition District is intended
to permit conventional single-family development on one-acre lots
or optional single-family cluster development on a minimum of twenty-thousand-square-foot
lots, provided that public sewer and water service are available.
In the event that public sewer and water cannot be provided, the district
may be developed in accordance with the RR District standards.

Single-family development. The development of detached single-family
dwellings as a conventional development or as a residential cluster
shall be a permitted use in the RR-T2 Zone by adhering to the following
standards:

A subdivision consisting of single-family detached dwellings at a maximum gross density of 0.87 unit per acre shall be permitted as either a conventional development or, alternatively, as a residential cluster in accordance with the standards set forth in Subsection K(4), below, provided that public water and sewer service are available on the lots.

Where an application is made for a residential subdivision pursuant to Subsection K above, the developer shall be responsible for the cost of extending public water to the lots. If, at the time of application, public water is already available on the tract, the developer shall pay Robbinsville Township a sum equal to the reasonable cost of the installation and/or extension of the infrastructure for public water.

In lieu of payment for water services as described in Subsection K(2), above, a subdivision of single-family detached dwellings as either a conventional development, or, alternatively, as a residential cluster at a maximum gross density of 0.82 unit per acre, and in accordance with the standards set forth in Subsection K(4) below.

Lot area: 20,000 square feet. The minimum cluster lot area shall
not include lands which are within an existing one-hundred-year floodplain,
wetlands, wetlands transition areas or lands which have slopes of
25% or greater. Lands with existing slopes of 14% to 24.9% shall not
exceed 25% of the permitted lot area. Lands with an existing slope
of 10% or greater shall not exceed 50% of the minimum permitted lot
area. All lots shall provide a usable contiguous development area
for residential uses equivalent to or greater than 20,000 square feet.
No development of structures shall be permitted on existing slopes
of 12% or greater. All development shall be designed to minimize disturbance
of development sites to the greatest extent practicable.

Lot frontage: 100 feet, except that on a curved alignment with
an outside radius of less than 500 feet, lot frontage may not be less
than 75% of the required minimum lot width. On a corner lot, the lesser
of the two street frontages shall be considered the lot frontage and
shall meet the minimum frontage requirements.

Toolsheds. Private residential toolsheds in the RR-T2 Zone District shall be permitted accessory buildings and uses, provided they conform to the maximum number, square footage and height limitations and the minimum distance to side line, rear line and other building requirements applicable to the R1.5 Zone District and set forth in § 142-16C(9) and E(2) of this chapter.

Preamble. The RR-T1 Rural Residential Transition District is intended
to serve as a transition to the RR Rural Residential District (0.5
unit per acre). Development is permitted as of right in the RR-T1
District in accordance with the RR Zone standards. Development at
an increased density is permitted as a conditional use if public water
and sewer service is provided. Conditional use development may be
permitted either as a conventional development on a minimum of one-acre
lots or single-family residential clusters on a minimum of twenty-five-thousand-square-foot
lots or lots with an average lot size of 25,000 square feet.

Preamble. The district is a transition to the medium-density zones
from lower-density districts and recognizes, in part, the existing
land use patterns and coordinates future land use with public sewer
and water service. This zone requires that public water and sewer
be utilized.

Farms, as defined in § 142-108L, provided that if ponies, horses, cows, sheep, fowl, or other farm livestock are kept on the farm, then in that event the farm shall provide a building for the shelter and care of the animals in accordance with § 142-33D of this chapter, and all such livestock shall be contained within fenced areas.

Greenhouses are a permitted accessory use and structure, provided
that the aggregate square footage of all structures situated on the
site does not exceed 55,000 square feet or 15% coverage of the total
lot area, whichever is less, and only on lots of five acres or more.

Landscape contracting, tree pruning services, firewood processing,
wood mulches and sales of products grown on the site are permitted
accessory uses, provided the activities are subordinate to the permitted
primary use of the site, including, but not limited to, a farm, forest
tract or nursery, with a minimum lot size of five acres.

Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall be located within 100 feet of any property or street right-of-way line. See § 142-36 for additional standards.

Private residential toolsheds not to exceed 12 feet in height measured
to the highest point in the roofline nor eight feet measured to the
top of the highest sidewall and not greater than 200 square feet in
area; provided, however, that not more than one such toolshed per
lot shall be a permitted accessory building.

Campers, travel trailers, boats and other movable property,
to be parked or stored in the rear yard only, at least 20 feet from
each side and rear property line. The dimensions of any camper or
travel trailer shall not be counted in determining total building
coverage, and such vehicles shall not be used for temporary or permanent
living quarters while situated on a lot.

Amateur radio antennas and antenna support structure not to
exceed 45 feet in height, unless the structure is retractable. The
height of a retractable antenna structure shall not exceed 45 feet
when the structure is not being used for the transmission and/or reception
of amateur radio signals and 65 feet when the structure is fully extended
and in use for the transmission and/or reception of amateur radio
signals.

Minimum required usable development area. All lots in the R1.5 District
shall provide a minimum usable contiguous development area within
the required setbacks equivalent to or greater than 10,000 square
feet. The usable contiguous development area shall be of such dimensions
that a circle not less than 60 feet in diameter can be scribed within
it. No development of structures shall be permitted on existing slopes
of 12% or greater. All development shall be designed to minimize disturbance
of development sites to the greatest extent practicable. Development
shall be designed to minimize disturbance of environmentally sensitive
features by locating development of site disturbance within the usable
development area to the greatest extent practicable.

Minimum lot area shall not include lands which are within an existing
one-hundred-year floodplain, wetlands, wetland transition areas and
lands which have slopes of 25% or greater. Lands with existing slopes
of 14% to 24.9% shall not exceed 25% of the permitted lot area. Lands
with existing slopes of 10% or greater shall not exceed 50% of the
minimum permitted lot area.

Commercial uses permitted in the TC Town Center Zone and in compliance with the design standards and bulk regulations of that zone, except that freestanding signs for shopping centers are permitted in accordance with § 142-48C(8).

No planned residential development under this subsection shall
take place except upon tracts of land having a minimum of 50 contiguous
acres with sufficient access to existing municipal, county and state
roads/highways or roads/highways proposed as part of the planned village
residential development, and which would interconnect the PVD Zone
to existing county, state and municipal roads/highways and which is
located in an area with available public sanitary sewers and public
water.

PVD developments must be located in land environmentally suitable
for development, or suitably prepared for development, and shall meet
the requirements of the Master Plan. Development on floodplains must
meet New Jersey Department of Environmental Protection Standards Flood
Hazard Area regulations, as may be amended from time to time. No development
will be allowed on wetlands.

PVD development must provide convenient linkages between existing
mass transportation transfer points and pickup points that are within
a five-minute walking distance from all residential units. Two hundred
fifty feet per minute is considered as optimum walking distance time.
Bus stops and bus lanes, as appropriate, shall be incorporated into
PVD developments to connect residential units directly to local and
regional job locations.

In the event that any subdivisions are required of properties
in the Planned Village Development Zone, applicants may apply for
such subdivisions simultaneously with the application for development
for the PVD property.

The overall tract density of the PVD development area is limited
to a maximum of six dwelling units per acre, excluding any one-hundred-year
floodplains and any inland wetland areas identified by the U.S. Department
of the Interior or the US Army Corps of Engineers.

No more than 30% of the lot area of the PVD development shall
be covered by buildings or structures, including parking structures;
no more than 65% shall be impervious coverage, including buildings,
parking and roads.

No aboveground structure shall be located within 50 feet of
any PVD site boundary line or within 75 feet of the right-of-way line
of any existing street or road, except for a major highway where the
setback shall be 100 feet.

Where any PVD development abuts a nonresidential use or is immediately
adjacent to single-family detached homes, a fifty-foot landscaped
buffer of deciduous and coniferous plant materials shall be installed
forming a 100% visually impervious buffer at a minimum height of eight
feet, and maintained at a minimum height of not less than 15 feet.
Such a buffer area is required to shield adjacent residential areas
from parking lot illumination, headlights and fumes and to diminish
the visual encroachment of residential privacy and residential neighborhood
characteristics. Buildings within 200 feet of adjacent residential
zones shall not exceed 36 feet in height not including chimneys.

Buffer areas shall be measured horizontally and at right angles
to either a straight lot or street lines or the tangent lines of curved
lot or street lines. No above-surface structure or activity, storage
of materials or parking of vehicles shall be permitted in the buffer
area. All buffer areas shall be planted and maintained with grass
or groundcover, together with a dense screen of trees, shrubs or other
plant materials meeting the following requirements:

Plant materials used in screen planting shall be at least eight
feet in height when planted and be of such density as determined appropriate
for the activities involved. The plant materials shall be of a species
common to the area, be of nursery stock and shall be free of insect
and disease.

Landscaping to conserve energy shall include the planting of
evergreen windbreaks to block northwest winds in the winter and the
southwest facades of buildings with low-growing deciduous shade trees
to block summer sun.

Any part of the PVD development not used for structures, roadway
loading accessways, parking or pedestrian walks shall be landscaped
with grass, trees and shrubs as designed by a certified landscape
architect.

Each PVD development may have two double-faced, freestanding,
externally illuminated signs not exceeding six feet in height, measured
from ground level, nor 20 square feet in area, not closer than 100
feet to each other.

Minimum lot width: 50 feet at rectilinear lots. Corner lots
shall be 60 feet (except where lot width is reduced due to curves
or chamfering of the right-of-way at street intersections). Minimum
lot width at front building line shall be 50 feet at rectilinear lots,
and 45 feet at corner pie-shaped lots. At least 60% of the total number
of lots shall have a minimum lot width of 55 feet at the building
setback line.

Zero feet, on any one side, for principal building
with five-foot-wide access and maintenance easement on adjacent lots,
along the length of the principal building. Not more than 40% of the
single-family detached dwellings in the small lot development shall
have a zero-foot side yard.

Zero feet, on any one side for a detached garage
with a five-foot-wide access and maintenance easement on the adjacent
lots, when such garage or building is freestanding. Not more than
40% of the single-family detached dwellings in the small lot development
shall have detached garages with zero-foot side yards.

Future side and rear yard setbacks. A zero side
or rear yard setback shall not be permitted for any construction performed
subsequent to the issuance of the initial certificate of occupancy
for any lot. An addition to an existing structure or a new structure
shall be subject to a minimum five-foot side and rear yard setback
and to the following side and rear yard requirement:

The terms and conditions of all easements imposed
on lots shall be subject to the approval of the Planning Board or
Zoning Board, as appropriate, prior to the execution of the final
subdivision map for any section of the development. Such easements
shall provide for proper enforcement by a homeowners' association
and shall be disclosed in all contracts for sale.

Community park areas, as defined in this Subsection
J(7)(b)[1][a], shall be provided within the small lot single-family
community at a ratio of 300 square feet per dwelling unit. Community
parks shall consist of small parcels of land within or adjacent to
street rights-of-way, which are owned and maintained by a homeowners'
association, and which shall be for the common use and enjoyment of
the public. These parks shall be suitably improved and landscaped,
and may include seating, play areas and lawn areas. The improvements
and landscaping to be provided in areas designated as community parks
shall be subject to Planning Board approval.

Tract buffers, except along existing roads, required under Subsection J(4)(k) may be reduced to 25 feet if a minimum 60% solid nonmetallic fence at least five feet in height is provided along the interior of the buffer line and not closer than 24 feet to the common tract boundary line where the buffer is required and the 24 feet is planted with a mixed natural landscaping of trees and shrubs.

Portions of covered porches or entryways may intrude
into any yard setback, provided such porch or entryway does not protrude
more than five feet into such setback, and that such area of protrusion
is less than 40 square feet.

On lots where a full fifty-foot tract buffer is
contained in the rear yard, uncovered rear yard decks or patios may
protrude into the tract buffer in the rear yard, a distance no greater
than 15 feet, provided that such deck or patio area protruding into
the tract buffer shall not exceed 250 square feet.

Look alike requirements. The requirements of § 142-34 of this chapter, pertaining to appearance of buildings, are hereby modified to govern said building appearance in developments which contain small lot single-family dwellings, as follows:

No two detached homes of the same basic floor plan
style shall be constructed within 50 feet of each other (measured
as the distance between the two closest street property lines of the
respective properties), unless there is substantial differentiation
on the front (street facing) elevation consisting of at least two
of the following features:

For small lot single-family developments which
consist of between one and 30 lots, there shall be a minimum of three
different base model type homes offered for sale. For developments
which consist of between 30 and 60 lots, there shall be a minimum
of four base model type homes offered for sale. For developments which
consist of between 60 and 90 lots, there shall be a minimum of five
base model type homes offered for sale. For each additional 50 lots
above 90 in any development or section thereof, there shall be one
additional base model type home offered for sale. Each such base model
type home offered for sale in any development shall have at least
two alternative front elevations which contain features different
from each other, as set forth above.

To ensure conformity with the provisions of this
subsection, upon commencement of construction of the first dwelling
in any small lot single-family development or section thereof, the
developer shall provide the Construction Official with a map of the
development which indicates the base model home type and elevation
of the said home to be built. This map shall be updated by the developer
upon each subsequent building permit application to the Construction
Official.

The provisions, requirements and standards heretofore
set forth shall not be considered satisfied where there is an attempt
to make minor changes or deviations from the building plans and location
surveys, which changes show an obvious intent to circumvent the purpose
of this section.

Dwelling windows on the zero lot line side of a
home shall not be directly across from dwelling windows of the adjoining
building, and such windows shall be offset from one another by at
least five feet for privacy.

Any two homes on adjacent lots may share a common
zero lot line setback, thereby forming two semidetached dwellings
with one dwelling unit on each lot. In such cases, all other applicable
small lot detached standards shall apply.

Each lot shall provide off-street parking for four
cars; two of the four spaces may be provided in a garage. Conversions
of garages to other uses are prohibited where the garage is needed
to satisfy the off-street parking requirement. To qualify as two off-street
parking spaces, a single-lane driveway shall be at least 40 feet in
length as measured from the right-of-way, and a double-wide driveway
shall be at least 20 feet in length and 18 feet wide.

Fences in side yards, which are located behind
the front yard setback line, and in rear yards may be a maximum of
five feet in height, and must be made of nonmetallic material, not
less than 60% solid.

Driveways may be shared by adjacent lots. Shared
driveways shall be a minimum of 10 feet in width. Cross-access easements
shall be provided for adjacent lot driveways when necessary for suitable
turning movements. No more than 20% of the lots shall be serviced
by shared driveways. Shared driveways shall be maintained by a homeowners'
association.

Driveway access shall be provided from a residential
access street which has a fifty-foot right-of-way and, when designated
for two-way traffic, a twenty-eight-foot-wide paved roadway with parking
permitted on at least one side.

Residential access streets shall have no more than
25 lots per court or 50 lots per loop. Where courts or loops are provided,
the Planning Board may require that a pedestrian easement and pathway
be provided to link the street with adjoining streets and/or open
space.

On-street parking in areas of residential lots
shall provide a minimum of 1/2 parking space per lot for guest use.
On-street parking spaces shall be at least 18 feet long with an additional
four feet of clear maneuvering area which may include the area in
front of driveway curb cuts. The actual location of such on-street
parking spaces will be reviewed and approved by the Township Engineer
based upon the actual location of driveways.

Residential collector streets shall not have any
driveway access. A twenty-eight-foot-wide paved cartway within a fifty-foot
right-of-way shall be provided. At the Planning Board's discretion,
residential collector streets may be reduced to a twenty-four-foot-wide
paved cartway, in which case parking would be prohibited on both sides
of the street.

Residential subcollector streets shall have minimal
driveway access and a fifty-foot right-of-way. A twenty-eight-foot
paved cartway shall be provided with parking allowed on one side.
Residential subcollectors shall have a four-foot sidewalk on both
sides.

Two residential access streets can intersect, thereby
creating a two-leg intersection. The interior angle of the intersecting
streets can be no greater than 120° and no less than 90°.
The inside curb return shall have a maximum radius of 12 feet. The
outside curb return shall have a minimum radius of 25 feet. Where
adjoining streets or passive or active open space are located on the
exterior of a two-leg intersection, a pedestrian access easement and
pathway shall be provided to link the intersection with the adjoining
streets and/or open space. The requirement for such pedestrian access
easement and pathway may be waived by the Planning Board if the applicant
demonstrates that convenient alternative pedestrian access routes
are available, or that unique physical barriers to pedestrian access
and circulation exist which cannot be overcome.

Minimum setback for all structures from any street, public or
private, shall be 20 feet. The setback from any common parking area
shall be 30 feet from the right-of-way. Minimum setback for all structures
from any major thoroughfare or collector road, as defined elsewhere
in this chapter, shall be 100 feet. The front yard setback for units
with integrally designed garages must be a minimum of 30 feet, including
a four-foot sidewalk and a three-foot planting/streetlighting placement
strip area. The front yard setback for townhouse units without an
attached or an integrally designed garage is 15 feet. No parking is
allowed in the front yards. All parking shall be located in off-street
lots except for guest parking. No parking space assigned to a townhouse
unit can be more than 200 feet away from the entrance to that unit.
All off-street parking lots should be visually screened with a five-foot-high,
90% visually impervious landscape barrier. The required setback between
each structure is as follows:

For townhouses, which have an attached or an integrally designed
garage, the front yard setback should be sufficient to park one car
in the driveway, as well as provide adequate pedestrian circulation
space around and between the vehicle. The visual image from the access
street of the front yard of the units should not be akin to that of
an off-street parking lot.

Not more than 12 dwelling units in any single townhouse structure.
They shall be constructed with unified materials but modulated with
individual design details in a manner so as to create individuality.

The rooflines of at least 30% of the number of units, which
are attached in a structure, shall be staggered in height by not less
than 5% of the height of the rooflines of the remaining units in such
structure. The roofline should be broken using a combination of two-
and three-story townhouses and two-story flats. Chimneys, skylights,
dormers, etc., are recommended to vary the visual plan and provide
additional light access to upper-story units.

Where outdoor living space is included for each or any particular
unit, it shall be provided with adequate visual screening from all
other neighboring dwelling units, outdoor living spaces, parking areas
and roadways. Screening may be accomplished with plant materials,
masonry structures or wood fencing. Architectural elements, such as
masonry walls and fences, shall be compatible in both style and material
with the dwelling unit. Each townhouse or ground-floor unit shall
have a private rear yard of 200 square feet minimum, which shall be
enclosed by means of a four-foot-high wooden fence, hedge or a combination
of both. Second-floor apartments shall have a balcony or outdoor space
with a minimum of 60 square feet.

One enclosed, roofed structure for solid waste and storage of
maintenance equipment should be provided for each 12 units. This shall
be landscaped. The structure shall be compatibly designed to complement
the architecture of the adjacent structures. A plan for solid waste
disposal shall also be included.

A minimum of 300 square feet of storage shall be provided for
each unit in the basement, attic or other provided area attached to
unit. This area shall include storage for garbage in the front of
the unit, bicycles, garden equipment, barbecue equipment and so forth.

A combination of unit types, flats, vertical duplexes, townhouses
and building configurations, low-rise and high, shall be permitted,
in particular to make available smaller units (less than 800 square
feet), which respond to the demographic trends of smaller household
size, particularly, one- and two-person households, 65 years and older,
as well as the younger, single householder.

Low-rise apartment structures should have as many combinations
of units as possible of varied sizes with a minimum size of 650 square
feet. Grouping of units and access to units must be so designed as
to assure a sense of safety and security for the residents, particularly
when accessing and egressing vertical circulation elements. Double-loaded,
long rectangular, slab-configured structures are expressly prohibited.
The multifamily, low-rise structures should use a combination of flat
vertical duplexes to maximize efficiency. All ground-floor units must
have a minimum of 200 feet of enclosed rear yard. Each unit above
the ground floor must have a balcony or terrace of at least 60 square
feet. Access to any unit should not require a vertical assent of over
two stories. All stairs must be enclosed in the building.

Parking. Attached low-rise housing must provide parking at the
specified ratio of 1.5 cars per one-bedroom unit, two cars per two-bedroom
unit and 2.25 cars per three- or more bedroom units. Guest parking
for both high-rise, low-rise and attached townhouse units can be provided
at curbside on street.

A minimum of 300 square feet of storage shall be provided for
each unit, including interior and exterior storage for garbage in
the front of the unit, and bicycles, garden equipment, barbecue equipment
and so forth in an appropriate location.

Refuse collection structures shall be provided and shall be
located for the occupant's convenience. All such structures shall
be compatibly designed with the architecture of the adjacent buildings.
A landscaping edge of at least four feet shall surround three sides
of this structure planted at a height of at least six feet, with a
maximum growth of at least eight feet in height.

Pedestrian sidewalks shall be provided throughout the district,
interconnecting all units with community facilities and active open
space and in such locations, including entrances and exits, where
normal pedestrian traffic will occur. Where appropriate, bikeways
may be provided instead of sidewalks. Provision of bikeways along
streets shall be made upon determination and requirement by the Planning
Board and the Master Plan.

Access to off-street parking areas shall not be through entrances
directly abutting streets, but shall be connected to streets by means
of access driveways situated between the parking areas and adjacent
streets, not less than 20 feet long.

All delineated roads on the PVD Master Plan shall be paved and
curbed to meet engineering specifications as required by the Township
Engineer. All residential collector streets must be at least landscaped
with street trees, at a rate of one tree every 40 feet, two-and-one-half-inch
to three-inch caliper at time of planting. Sidewalks shall be at least
four feet wide. A continuous sidewalk system must be integral to the
PVD development linking all residential units to commercial, cultural,
transportation, recreation, open space and schools.

The types of energy to be used to heat, cool, supply power and
generally service the development shall be considered. The applicant
shall identify measures to reduce energy demands by considering alternatives,
such as active and passive solar systems and construction.

Phasing. The Planning Board shall provide for phasing of development
in this zone. The phasing schedule shall ensure that development in
this zone shall be consistent with the development of infrastructure
and supporting services and the sound management of growth in Robbinsville
Township.

A minimum of 10% of the dwelling units in each development shall
be low-income housing units and 10% shall be moderate-income housing
units. Construction of such units shall be phased to be in proportion
to construction of other units.

The applicant shall demonstrate, by deed restriction, or other
legal documentation satisfactory to the Planning Board, that each
of the low-income and each of the moderate-income housing units shall
remain available to such families for a period of not less than 30
years, except that there shall not be any requirement mandating the
removal or relocation of any family merely because its income has
increased beyond the low- or moderate-income range after purchase
or initial rental of a housing unit.

Purpose. The H-1 and H-2 Windsor Historic Districts are intended
to maintain the historic character of the Village of Windsor through
the preservation of existing historic buildings and to provide for
new residential development consistent with the historic character
of the Village.

For purposes of this section, the following blocks and lots contain
key or contributing historic structures as identified on the Windsor
Historic District Map on file with the New Jersey Register of Historic
Places:

Within the H-1 Windsor Historic District, parking shall be provided
in the rear of the dwelling unit, and access shall be provided with
a driveway a minimum of eight feet in width adjacent to the principal
building. Parking may be permitted within one side yard or in the
front yard on developed lots if the lot size and location of existing
principal and accessory buildings preclude rear yard parking.

Streetscape elements shall be provided for major subdivisions and
include cast iron or equivalent decorative lamppost at eighty-foot
intervals and street trees at forty-foot intervals. Sidewalks shall
be a minimum of four feet wide constructed either of brick or textured
concrete. Curbing shall be provided on all streets to match any existing
granite curbing on the street.

Toolsheds. Private residential toolsheds not to exceed 10 feet in
height measured to the highest point in the roofline nor eight feet
measured to the top of the highest sidewall and not greater than 125
square feet in area; provided, however, that not more than one such
toolshed per lot shall be a permitted accessory building.

The overall tract density of the VD development area is limited to
a maximum of six dwelling units per acre, excluding any one-hundred-year
floodplains and any inland wetland areas identified by the U.S. Department
of the Interior or the U.S. Army Corps of Engineers.

No more than 30% of the lot area of the VD development shall be covered
by buildings or structures, including parking structures; no more
than 65% shall be impervious coverage, including buildings, parking
and roads.

No aboveground structure shall be located within 50 feet of any VD
site boundary line or within 75 feet of the right-of-way line of any
existing street or road, except for a major highway where the setback
shall be 100 feet.

Where any VD development abuts a nonresidential use or is immediately
adjacent to single-family detached homes, a fifty-foot landscaped
buffer of deciduous and coniferous plant materials shall be installed
forming a 100% visually impervious buffer at a minimum height of eight
feet, and maintained at a minimum height of not less than 15 feet.
This width can be reduced with the provision of a 100% visually impervious
screen, fence or wall of permanent material, which is used to separate
any contiguous residential zone or residential development. An earth
berm of a minimum height of six feet may be constructed in which case
the Planning Board may lessen its requirements for plant materials.
The Planning Board may waive the requirements for buffering if equivalent
screening is provided by parks or by topography or other natural conditions.
Such a buffer area is required to shield adjacent residential areas
from parking lot illumination, headlights and fumes and to diminish
the visual encroachment of residential privacy and residential neighborhood
characteristics. Buildings within 200 feet of adjacent residential
zones shall not exceed 35 feet in height.

Buffer areas shall be measured horizontally and at right angles to
either a straight lot or street lines or the tangent lines of curved
lot or street lines. No above-surface structure or activity, storage
of materials or parking of vehicles shall be permitted in the buffer
area. All buffer areas shall be planted and maintained with grass
or ground cover, together with a dense screen of trees, shrubs or
other plant materials meeting the following requirements:

Plant materials used in screen planting shall be at least six
feet in height when planted and be of such density as determined appropriate
for the activities involved. The plant materials shall be of a species
common to the area, be of nursery stock and shall be free of insect
and disease.

Landscaping to conserve energy shall include the planting of
evergreen windbreaks to block northwest winds in the winter and the
southwest facades of buildings with low-growing deciduous shade trees
to block summer sun.

Any part of the VD development not used for structures, roadway
loading accessways, parking or pedestrian walks shall be landscaped
with grass, trees and shrubs as designed by a qualified landscape
architect.

All delineated roads on the VD Master Plan shall be paved and curbed to meet engineering specifications as required by the Township Engineer. See § 142-47F for street tree requirements. All streets must be at least landscaped with street trees, at a rate of one tree every 40 feet, two-and-one-half-inch to three-inch caliper at time of planting.

Sidewalks shall be at least four feet wide. A continuous sidewalk
system must be integral to the VD development linking all residential
units to commercial, cultural, transportation, recreation, open space
and schools.

Each VD development may have two double-faced, freestanding, externally
illuminated signs not exceeding six feet in height, measured from
ground level, or 20 square feet in area, not closer than 100 feet
to each other.

Minimum setback for all structures from any street, public or private,
shall be 20 feet from any common parking area and be 30 feet from
the right-of-way. Minimum setback for all structures from any major
thoroughfare or collector road, as defined elsewhere in this chapter,
shall be 50 feet. The front yard setback for units with integrally
designed garages shall be a minimum of 30 feet, including a four-foot
sidewalk and a three-foot planting/streetlighting placement strip
area. The front yard setback for townhouse units without an attached
or an integrally designed garage is 15 feet.

No parking space assigned to a townhouse unit can be more than 200
feet away from the entrance to that unit. All off-street parking lots
should be visually screened with a five-foot-high 90% visually impervious
landscape barrier. Lots must have one tree for each 10 spaces planted
in islands.

Off-street parking spaces shall be a minimum of nine feet by 18 feet
and meet all required access and egress standards. Garages may be
considered as one parking space only if restricted to such use by
homeowners' association restrictions and covenants. For townhouses,
which have an attached or an integrally designed garage, the front
yard setback shall be sufficient to park one car in the driveway,
as well as provide adequate pedestrian circulation space around and
between the vehicle. The visual image from the access street of the
front yard of the units shall not be akin to that of an off-street
parking lot.

Not more than 10 dwelling units in any single townhouse structure
shall be constructed in such a manner as to form one linear plane.
No more than 20 such units shall be included in a structure having
units constructed on more than one linear plane.

The rooflines of at least 30% of the number of units which are
attached in a structure having a single linear plane shall be staggered
in height by not less than 5% of the height of the rooflines of the
remaining units in such structure. The roofline should be broken using
a combination of two-, three-, or four-story structures mixing townhouses
with flats. Chimneys, skylights, dormers, etc., are recommended to
vary the visual plan and provide additional light access to upper-story
units.

Where an outdoor living space is included for each or any particular
unit, it shall be provided with adequate visual screening from all
other neighboring dwelling units, outdoor living spaces, parking areas
and roadways. Screening may be accomplished with plant materials,
masonry structures or wood fencing. Architectural elements, such as
masonry walls and fences, shall be compatible in both style and materials
with the dwelling unit. Each apartment or ground-floor unit shall
have a private rear yard of 200 square feet minimum, which shall be
enclosed by means of a minimum of a four-foot-high wooden fence, hedge
or a combination of both.

A minimum of 500 cubic feet of storage shall be provided for
each unit, including storage for garbage in the front of the unit
and bicycles, garden equipment, barbecue equipment and so forth in
the rear of the unit.

A combination of unit types: flats, vertical duplexes, townhouses,
and of building configurations: low-rise and high-rise, shall be permitted,
in particular to make available smaller units (less than 800 square
feet).

Low-rise apartment structures shall have as many combinations of
units as possible, of varied sizes, and with a minimum size of 450
square feet. Groupings of units and access to units shall be designed
to assure a sense of safety and security for the residents, particularly
when accessing and egressing vertical circulation elements. Double-loaded,
long, rectangular, slab-configured structures are expressly prohibited.

The multifamily, low-rise structures shall use a combination of flat
vertical duplexes to maximize efficiency. All ground-floor units shall
have a minimum of 200 feet of enclosed rear yard. Each unit above
the ground floor shall have a balcony or terrace of at least 60 square
feet. Access to any unit shall not require a vertical ascent of over
two stories. All stairways shall be enclosed.

All public utilities shall be installed in accordance with the Township
development regulations; all VD development shall be tied into approved
and adequate public sanitary sewerage, water systems and stormwater
drainage systems.

Refuse and refuse collection areas shall be provided and shall be
located for the occupant's convenience. All such areas shall be screened
either with an enclosed masonry structure of at least six feet in
height on three sides or with evergreens on at least three sides of
the refuse and pickup area, planted at a height of at least six feet,
with a maximum growth of at least eight feet in height.

Pedestrian sidewalks shall be provided in such locations, including
entrances and exits, where normal pedestrian traffic will occur. Where
appropriate, bikeways may be provided instead of sidewalks. Provision
of bikeways along streets shall be determined by the Planning Board
based on the requirements of the Master Plan.

Access to off-street parking areas shall not be through entrances
directly abutting streets, but shall be connected to streets by means
of access driveways situated between the parking areas and adjacent
streets, not less than 15 feet long.

The types of energy to be used to heat, cool, supply power and generally
service the development shall be considered. The applicant shall identify
measures to reduce energy demands by considering alternatives, such
as active and passive solar systems and construction.

This section is intended to create the standards and requirements
for the Town Center (TC-1 through TC-4 Zone Districts) which has been
proposed in some form in Township Master Plans dating back to 1986.
The governing body seeks to create a mixed-use district comprised
of a variety of housing stock; commercial; public and quasi-public
uses; and open space areas designed to serve as both passive and active
amenities to the zone district.

The Town Center District is also intended to integrate newly developed
lands within the district with existing properties in and around the
existing Village of Robbinsville, some of which are presently commercial
and some of which are residential. It is intended that most of these
existing properties will eventually be converted to commercial mixed
use or commercial/office/retail urban apartments.

The governing body has promulgated a series of policy statements as listed in Subsection B hereof which are to be considered in reviewing all development applications involving lands located in the Town Center. Requests for variances, waivers or deviations from the ordinance provisions of this section shall be evaluated in the context of the impact the same may have on the policy statements established by the governing body.

Encourage innovative mixed-use and multiple-use plans so that housing
demand for varying age groups, families and income levels may be met
by greater variety in type, design, and layout of dwellings and by
the conservation and more efficient use of open space ancillary to
said dwellings. To that end, the goal is to create smaller lots than
presently exist in the Township to accommodate single-family detached
units, duplexes, and townhouses. Apartment/flats are encouraged above
commercial and office uses which are to be integrated into the plan.

To require whenever possible the interconnection of existing and
proposed uses so as to create integrated neighborhoods and a greater
sense of community by using design techniques that provide for modified
deflected street patterns with radial and axial streets.

Provide a layout of streets and open space edges which encourage
pedestrian interconnections to the Town Center civic and commercial
uses within one-thousand-five-hundred-foot walking distance to the
Center.

Provide a clearly articulated and rationally designed open space system which consists of both integrated and peripheral active and passive parks and which furthers the goals of Subsections B(3) and (4) above.

Provide an approval procedure which will require the development
to relate the type, design, and layout of residential development
on any site to the surrounding environs and context, and to the Township's
goal of encouraging neotraditional residential/mixed-use development
in a manner sensitive to the preservation or enhancement of property
within existing residential areas.

Establish policies and procedures intended to promote flexibility
for the marketability of unit types while requiring the maintenance
of the underlying integrity of the plan in an efficient and expedient
forum.

Promote land development practices which will promote the public
health, safety and welfare by creating a Town Center as an alternative
to conventional, modern, use-segregated developments, such as larger
lot suburban subdivisions and strip commercial developments.

Alleviate undue traffic congestion by reducing excessive sprawl
of development and the segregation of land uses which result in the
inefficient use of land and which necessitates the use of private
vehicles.

Discourage generic, modern suburban development that bears no
relation to the historic development pattern of Mercer County while
promoting the creation of new neighborhoods and developments that
exhibit the design features of traditional neighborhoods and small
towns in Mercer County.

Promote developments where the physical, visual, and spatial
characteristics are established and reinforced through the consistent
use of compatible urban design and architectural design elements.
Such elements shall relate the design characteristics of an individual
structure or development to other existing and planned structures
or developments in a harmonious manner, resulting in a coherent overall
development pattern and streetscape.

Street Regulating Plan, Building Regulating Plan, Site Plan Regulations,
and Design Regulations. This section shall supersede any of the other
provisions of the Township Subdivision and Land Development Ordinance
or these zoning ordinances as they apply to the Township as a whole.
The Street Regulating Plan, Building Regulating Plan, Site Plan Regulations
and Design Regulations are incorporated in the companion document
entitled "Robbinsville Township Town Center Zoning and Design Regulations,"[1] which is incorporated herein by reference. In the event
of any inconsistencies or contradictions, this section shall be deemed
as controlling over those lands located in the Town Center and its
subdistricts. The Street Regulating Plan, Building Regulating Plan,
Site Plan Regulations, and Design Regulations incorporated herein
by reference shall be the design basis for the lands included in the
Town Center. The Street Regulating Plan, Building Regulating Plan,
Site Plan Regulations, and Design Regulations shall be governed in
their entirety by the provisions of this section with the exception
that those provisions of the Township Subdivision and Site Development
Ordinance and Zoning Ordinance specifically referenced within this
section shall also apply to the zone district.

Applications for development of Town Center properties. The approval or disapproval of any portion of any TC Zone District shall be based on an interpretation of the effect of the proposed development on the surrounding properties and the zone district if the same deviates in any manner from the Street Regulating Plan, Building Regulating Plan, Site Plan Regulations, and Design Regulations incorporated herein by reference. In the event of a deviation from the same, the determination shall be evaluated based upon the provisions of Subsection B(1) through (22) hereof.

Section 2, The Street Regulating Plan, and Section 3, The Building
Regulating Plan, of the Town Center Zoning and Design Regulations,
as incorporated herein by reference, shall be deemed to be the basic
structure of the Town Center and cannot be modified without approval
of the Planning Board, depending on the extent of the deviation from
the provisions of Section 2, The Street Regulating Plan, and Section
3, The Building Regulating Plan, of this chapter.

The regulations as established in Section 4, Site Planning Regulations,
and Section 5, Design Regulations, of Town Center Zoning and Design
Regulations, shall be deemed to be the minimum standards applicable
for the Town Center Zone District. In the event of any requests for
deviation from the standards for any section of proposed development
or any portion of any section of the Town Center Zone District, the
Planning Board, depending upon the extent of the deviation, may require
more stringent standards based on the proposed effect of the deviation
on the overall Town Center plan or on specific areas of the Town Center
which may be impacted by the proposed deviation, in order to protect
the health, safety and welfare of the citizens of the Township and
the overall integrity of the Town Center plan.

Any applicant seeking to develop properties located within the
TC Zone District shall be required to provide a phasing schedule,
which phasing schedule shall be subject to the review and approval
by the Township Planning Board. The intent of the phasing schedule
shall be to establish parameters within which permitted housing stock
shall be constructed in conjunction with the construction of the commercial
components of the TC Zone District. The Planning Board shall have
the discretion to develop a suitable mechanism to insure a balanced
development of the TC District so as to minimize fiscal impacts which
may otherwise be created by the construction of housing.

The methodology may be established based upon ratio of units
to commercial floor area or any other suitable calculation which the
Planning Board deems to be appropriate in light of the intended goal
of minimizing fiscal impacts as aforesaid.

Any application seeking a deviation from the provisions of this section relating to the Street Regulating Plan, Building Regulating Plan, the percentage or types of dwelling units or the amount of commercial development measured in floor area shall be treated as permitted uses which may be subject to conditions at the time of approval by the Township Planning Board. All applications for such deviations must be evaluated in terms of the policy statements articulated in Subsection B(1) through (22), established in this section, and the reasons for said deviation shall be established in any determination made by the Board.

The proposed modification shall not result in any danger to
the public health, safety, or welfare by making access to the dwellings
by emergency vehicles more difficult, by depriving adjoining properties
of adequate light and air, or by violating the other purposes for
which zoning ordinances are to be enacted.

The development standards contained in the Street Regulating
Plan, Building Regulating Plan, Site Plan Regulations, and Design
Regulations, and Design Vocabulary contained therein, are both written
and illustrated.[3] The illustrations and written text are intended to be
complementary, and wherever an apparent inconsistency exists, an applicant
may apply to the Planning Board for interpretation of this section
regarding such standard. Any interpretation made by the Planning Board
shall be made in conjunction with the overall intent and character
of the plan as codified in the Street Regulating Plan, Building Regulating
Plan, Site Plan Regulations, and Design Regulations.

The development standards as contained in this section set forth
specific requirements for development guidelines which are to be strictly
construed. The design vocabulary shall be interpreted with the maximum
degree of flexibility to promote consistency in design taking into
account exceptional situations which may require unique interpretation.
When applications are made to the Planning Board regarding the interpretation
or application of design vocabulary to a particular property, the
Planning Board shall review the specific circumstances regarding the
application and the intent of this section in reaching its determination
as to the deviation/interpretation of the standards set forth in the
design vocabulary.

The Town Center shall be comprised of four individual subsections
which have been planned and designed based upon their respective locations
from existing roads and utilities and existing buildings and features
so as to promote a contiguous integrated Town Center. The zone districts
as proposed are set forth on the attached zone identification map
which is appended hereto and incorporated herein by reference. Those
districts are as follows:

The permitted uses for each section of the proposed Town Center
are set forth in this section, and the design standards as applicable
to each section of the Town Center are set forth in the Street and
Building Regulatory Plan incorporated herein by reference.

On October 14, 2010, the portion of the TC-2 Zone generally bounded by State Highway 33 and the Township's municipal boundary with Hamilton Township, known locally as "Town Center South," was designated to be "an area in need of redevelopment" under the New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) via Township Resolution No. 2010-202. This area is depicted on the Township's Zoning Map described in § 142-9.

A redevelopment plan for the Town Center South Redevelopment
Area was adopted via Ordinance No. 2012-4 on March 27, 2012. Such
Redevelopment Plan was adopted as an explicit amendment to the Township's
Zoning District Map and the land use and development provisions of
the Township Code. Such explicit amendment includes the sections of
the Township Code known as the "Town Center Plan" which are applicable
to the redevelopment area.

Accordingly, and notwithstanding the provisions of Subjection C(6)(b) hereinabove, the permitted uses, building controls and design standards applicable to the redevelopment area shall be as set forth in the Redevelopment Plan, incorporated herein by reference, and not as set forth in this section or other sections of Chapter 142, including 142 Attachment 5-1 (Town Center Zoning and Design Regulations).

Unless expressly permitted, all other uses are deemed to be
prohibited. The outdoor storage of commercial trucks, tractor trailers,
recreation vehicles, tractors, campers and boats is prohibited in
all subsections of the Town Center.

The transfer of previously approved units from another site
located within the Township, which units to be transferred shall be
incorporated into the density for the applicable portion of the TC
Zone District of the Township and incorporated into the base grid
for the appropriate district upon demonstration of the proportionate
reduction of units from the previously approved site from which the
units are being transferred. In the event the units are transferred
from a previously approved development site, the increase in density
shall be based upon a one-to-one ratio of transferred units to additional
units permitted in the TC Zone District.

Planned unit residential development credit transfer. Density may be increased through the transfer of credits from land within the Rural Residential District and identified as a proposed priority open space acquisition/preservation land(s) on the Land Preservation Plan, dated January 2002, as it may be last amended or superseded. Transfer shall occur only through the approval of a planned unit residential development application submitted in accordance with § 142-82. Regardless of the number of credits purchased, no use of credits shall result in exceeding the maximum density as set forth in Section 3, Building Regulating Plan, Subsection B1, General Residential Zone Criteria, Housing Unit Count.[6]

If approved by the governing body and Planning Board, the inclusion
of low- and moderate-affordable-housing units previously not planned
for by the Township and not previously incorporated in its Housing
Element and Affordable Housing Plan, in order to increase density
based upon this provision. The proposal to provide affordable housing
units must also be approved by the Council of Affordable Housing as
an amendment to the Township's Housing Element and Affordable Housing
Plan. Any increase in density to be based upon this section shall
be determined based upon the established guidelines by the Council
on Affordable Housing and ratified by the governing body. The precise
location and distribution of the affordable housing units, if any,
and the phasing of development of same shall be subject to the review
and approval by the governing body.

Transferred units shall be allocated to designated receiving
districts within the Town Center Zone District. The actual construction
of transferred units shall, however, only occur after the base grid
has been the subject of final approval for that section of the Town
Center to which the units are to be transferred.

Permitted uses. The following uses are permitted uses in the TC-1
Zone District subject to the applicable development standards requirements
as set forth in the accompanying Street Regulating Plan, Building
Regulating Plan, Site Plan Regulations, and Design Regulations incorporated
herein by reference:

Personal service establishments, having as their primary function
the rendering of a service to a client within a building. Such services
may include, but are not limited to, barber and beauty shops; dry-cleaning
establishments; self-service laundromats; tailor shops; weight loss
centers; portrait studios; interior decorating services; video rental;
and mail centers. Such service shall not include the following:

Business service establishments, having as their primary function
the rendering of service to a business client. Such services may include,
but are not limited to, document reproduction, duplication, and administrative
services.

Product service establishments, having as their primary function
the servicing or repair of a product, including, but not limited to,
the repair and servicing of shoes, audio and visual equipment, appliances,
jewelry and watches. Motor vehicular repair, maintenance and/or body
shops are not permitted.

Professional offices, including but not limited to offices for
architects, artists, authors, dentists, doctors, lawyers, ministers,
musicians, engineers, optometrists, opticians, and such other similar
professions.

The home office shall not exceed 1,000 square feet, or 25% of
the total habitable square footage of the dwelling exclusive of any
basement, or can be located in an accessory building not to exceed
500 square feet.

Toolsheds and outside storage sheds shall be limited to 48 square
feet and be set back a minimum of three feet from any property line
except at major roads. Setbacks from major roads (not including lanes)
shall be 1/3 of the lot depth or lot width. Accessory uses shall be
architecturally compatible with the principal structure. (See Figure
2-3 in the Town Center Zoning and Design Regulations.[8])

All other accessory uses, buildings or structures shall be set
back a minimum of three feet from any property line except from major
roads. Setbacks for major roads shall be a distance equivalent to
1/3 of the lot depth or lot width. All accessory uses shall be architecturally
compatible with the principal structure.

Professional offices, including but not limited to offices for
architects, artists, authors, dentists, doctors, lawyers, ministers,
musicians, engineers, surveyors, planners, optometrists, opticians,
and such other similar professions.

Parking ratio minimums shall be consistent with Section 4, Site Planning Regulations, Subsection F, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter.

The buildings and front facades shall be oriented to the street.
Buildings on corner lots with frontage on Route 33 shall orient their
longest facade along Route 33. In all cases, buildings shall have
at least one principal pedestrian entrance on the primary street serving
the site.

For properties other than those fronting on Main Street, a minimum
of 75% of the required on-site parking shall be located between the
rear property line and a line extended from the rear of the building
to the side property lines. For properties fronting on Main Street,
parking shall be located between the rear property line and a line
extended from the building to the side property lines. On corner lots,
the "rear property line" shall be defined as the property line that
is parallel to the street of greatest hierarchy.

A minimum four-and-one-half-foot-high architectural wall, made
of brick, stucco or stone, shall be provided as a buffer where parking
abuts a residential use or is across the street from a residential
use or where on-site parking abuts a street line. Walls must be articulated
to minimize the visual impact of excessive length.

Drive-through banking facilities shall be located and screened
with planting and/or architectural walls to minimize their visibility,
and may be located under upper-story cantilevered floors. In all cases,
drive-through facilities must be located in the rear of the building.

An assisted care facility shall have frontage on
Washington Boulevard, and the building and facade structure shall
be oriented towards Washington Boulevard and any street abutting the
site and intersecting with Washington Boulevard.

Variations to the residential density and housing-type mix percentages
as specified in the Building Regulating Plan and subsequently approved
deviations from same, caused by the approval of any Special Condition
A application, will occur should the density and/or the housing-type
mix not be able to be absorbed elsewhere within the zone. Accordingly,
the Planning Board will give reasonable consideration to requested
variations.

Off-tract contributions shall be adjusted based upon the per-unit
fees set by the ordinance and the actual residential and commercial
uses achieved, but in no case will the total amount of the contribution
for the TC-1 Zone be less than that previously agreed to under the
General Development Plan granted May 27,1998, and the Preliminary
granted on November 10, 1999.

Permitted uses. The following uses are permitted uses in the TC-2
Zone District subject to the applicable development standards and
requirements as set forth in the accompanying Street Regulating Plan,
Building Regulating Plan, Site Plan Regulations, and Design Regulations
incorporated herein by reference:

Neighborhood motor vehicle service station or garage as defined
in the definitions in Section 1, How to Use This Document, of the
Town Center Zoning and Design Regulations, which is included at the
end of this chapter.

The home office shall not exceed 1,000 square feet, or 25% of
the total habitable square footage of the dwelling exclusive of any
basement, or can be located in an accessory building not to exceed
500 square feet.

Toolsheds and outside storage sheds shall be limited to 48 square
feet and be set back a minimum of three feet from any property line
except at major roads. Setbacks from major roads (not including lanes)
shall be 1/3 of the lot depth or lot width. Accessory uses shall be
architecturally compatible with the principal structure. (See Figure
2-3 in the Town Center Zoning and Design Regulations.[9])

Any uses to be applied to the site shall have setbacks designed
and architectural features consistent with the Town Center Zone District
and shall be subject to review and approval by the Planning Board.

Any new additions or major modifications which may be required
need to be reviewed and approved by the Planning Board. This includes
buildings, parking locations, loading areas and landscaping. Architectural
design must respect the character and intent of this chapter. Other
than as exists as of the time of the adoption of this chapter, no
parking shall be permitted in the front yard of any building.

Parking for off-street and loading standards, see Section 4, Site Planning Regulations, Subsection E, Required loading and service areas, and Subsection F, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter.

Conditional uses permitted. Such uses may be permitted in a
specified Town Center Zone only upon receipt of a conditional use
permit. A conditional use permit shall be granted, provided that all
of the following conditions are met:

Such facilities shall maintain an operational manager's
office or resident manager's office/dwelling which shall be accessory
to the principal use herein and shall be designed with the second
floor dwelling above the manager's office. Occupancy of the dwelling
shall be limited to the facility manager and his immediate family.

Such facilities shall provide for the storage of
customers' goods and wares only. No business activity other than the
rental of storage space shall be conducted on the premises by either
the owner of the facility, the resident manager or a tenant of storage
space.

The minimum front yard setback abutting a public
street shall be 75 feet. The minimum setback adjacent to any residentially
zoned or developed property shall be 50 feet. All other setbacks shall
be a minimum of 25 feet.

The facades of all structures which face a perimeter
property line shall be constructed of materials which are stone, brick,
or other suitable masonry exclusive of stucco or synthetic stucco
and shall not contain access doors to the storage units. Facades in
excess of 30 feet in length shall be architecturally articulated either
by offsets in the facades or by designs within masonry of the facades.

No structure, used solely for storage, shall
exceed one story in height, including all roof equipment attached
thereto. Structures with roof equipment shall provide roof screening
to prevent its visibility from all sides of the building. One structure
used for caretaker's apartment and office may be 35 feet in height
and no more than 2 1/2 stories. The structure shall have a roof
pitch no less than eight over 12. Permitted roof types shall be gable,
hip or gambrel.

All outdoor lighting shall be shielded to direct
light and glare only onto the premises and shall be of sufficient
intensity to discourage vandalism and theft. It shall be directed,
shaded and focused away from all adjoining property.

A minimum of four standard parking spaces shall
be located in the immediate vicinity of the administrative office
for the use of prospective clients. Two additional standard parking
spaces shall be provided for a resident manager's dwelling. Fire lanes
shall be designated and marked in accordance with the Fire Prevention
Official.

Outdoor miniwarehouse or self-storage identification
advertising displays shall be in accordance with this chapter and
shall not in any way exceed the maximum size, height, character and
spacing allowed in the zone in which it is to be located.

Drive aisles used for fire separation with access
on both sides to storage facilities shall provide a minimum of 30
feet of width where traffic flows both ways. Drive aisles not used
for fire separation with access on both sides to storage facilities
may be reduced to a minimum of 22 feet of width where traffic flow
is both ways.

A minimum fifty-foot continuous planted buffer
in accordance with this chapter shall be provided along all property
lines adjacent to residentially zoned or developed site and a fifty-foot
planted buffer along the rear lot line immediately adjacent to the
railroad right-of-way. No parking shall be permitted in a setback
from the nearest major arterial road.

An extruded aluminum fence with a maximum height
of six feet shall be provided around the entire perimeter of the site
and shall be black in color. The fence shall be extruded aluminum
punctuated with brick piers at a maximum of 20 feet on center. The
fence shall be set back a minimum of 50 feet along a major arterial
road.

Vehicular stacking for the drive-through facility
must be designed in a manner sensitive to the needs for pedestrian
movement around the subject site. Conflicts between the two should
be kept to a minimum.

All parking areas shall be adequately landscaped.
Additional buffering and landscape consideration shall be required
to buffer and screen the drive-through window and associated canopy
and dumpsters or garbage disposal areas from the surrounding property.

New buildings and additions to existing structures located on
lot(s) that have frontage only onto Route 130 shall be set back a
minimum of 24 feet and shall provide a landscaped parkway which shall
contain a sidewalk, street trees and decorative lights as per the
Street Regulating Plan.

New buildings and additions to existing structures located on
lot(s) that have frontage only onto Route 130 shall be set back a
minimum of 24 feet and shall provide a landscaped parkway which shall
contain a sidewalk, street trees and decorative lights as per the
Street Regulating Plan.

The architectural character of all buildings and structures
shall emulate the Architectural Design Standards and the Design Vocabulary
for the Town Center (see Section 5, Design Regulations, of the Town
Center Zoning and Design Regulations, which is included at the end
of this chapter).

Buildings shall be built in accordance with the Commercial Building
Regulations. The present parking configuration serving Ernie's Tavern
shall not be modified as a result of the Street Regulating Plan.

Personal service establishments, having as their primary function
the rendering of a service to a client within a building. Such services
may include, but are not limited to, barber and beauty shops; dry-cleaning
establishments; tailor shops; weight loss centers; portrait studios;
interior decorating services; video rental; and mail centers. Such
service shall not include the following: escort services, tattoo parlors,
massage parlors, body piercing parlor or such similar services.

Business service establishments, having as their primary function
the rendering of service to a business client. Such services may include,
but are not limited to, general business office services that offer
many services such as document reproduction, duplication, administrative
services, telefax, overnight mail service, retail sale of arts and
crafts materials.

Product service establishments, having as their primary function
the servicing or repair of a product, including, but not limited to,
the repair and servicing of shoes, audio and visual equipment, appliances,
jewelry and watches. Motor vehicle repair, maintenance and/or body
shops are not permitted.

Professional offices, including, but not limited to, offices
for architects, accountants, dentists, doctors, lawyers, engineers,
physical therapists, optometrists, opticians, and such other similar
professions.

Designed shopping complex; a building or group
of abutting buildings designed to be utilized by more than one permitted
use where such building or group of abutting buildings is constructed
at one time. The area and yard requirements shall be applied to the
one building or group of abutting buildings as one structure.

Any new additions or major modifications to facilities are required
to be reviewed for compliance with this section by the Planning Board.
This includes building, parking locations, loading areas, landscaping,
signs and other changes that affect the public realm.

Parking for off-street and loading standards, see Section 4, Site Planning Regulations, Subsection E, Required loading and service areas, and Subsection F, Off-street and on-street parking, of the Town Center Zoning and Design Regulations, as contained at the end of this chapter.

No building, structure or parking area shall be located within
150 feet of the R1.5 Zone District. The first 150 feet adjacent to
the R1.5 Zone District shall be buffered and landscaped per Township
buffer requirements.

Multiple tenants may occupy single structures. However, no structure
may have a footprint of more than 15,000 square feet and a maximum
height of two floors. Differentiation in the architecture shall reflect
this maximum module.

All new roadways located within the boundaries of lands associated
with Special Condition F and required to serve new development shall
be designed and constructed to Avenue Type 2A specifications. New
roads shall be dedicated to the Township. All buildings located along
Type 2A roadways shall have the primary or front facade face the roadway
unless the building is on a corner property in which case two front
facades are required.

To the greatest extent possible, access to all lots shall be
encouraged to be from Avenue Type 2A roadways. Driveway openings onto
Route 130 and Route 526 shall be discouraged. As many as three Type
2A roadway intersections with Route 130 are encouraged, and as many
as one Type 2A intersection with Route 526 shall be encouraged. Where
practical, new roads shall line up opposite other existing or planned
roadways.

Conditional use permitted. Apartment/condominium building. Such use may be permitted in the Special Condition G Zone District, provided the same conforms to the site plan standards for the TC-2 Zone District and applicable Architectural Design Standards and Design Vocabulary of the Town Center Zoning and Design Regulations, which is included at the end of this chapter. The maximum number of residential units permitted in any apartment/condominium building shall be 55 unless additional units up to a maximum of 80 can be achieved by an increase in density in accordance with the provisions of § 142-19C(4) hereof and through the use of the transfer of development rights pursuant to § 142-19C(7); and only upon receipt of a conditional use permit. Individual properties conforming to the conditions set forth in the within section may have up to two residential buildings, provided that the Board is satisfied that there is a compatibility of architecture and similarity in building scale and unit distribution between the buildings proposed for the property. A conditional use permit shall be granted, provided that all of the following conditions are met:

Parking in accordance with Section 4, Site Planning Regulations,
Subsection F1, Off-street and on-street parking, of the Town Center
Zoning and Design Regulations, as contained at the end of this chapter,
shall be provided, but the same must be designed in a manner to ensure
its exclusive use of the parking needs of the building unless otherwise
directed by the Planning Board at the time of site plan approval.

A parking buffer in accordance with Section 4, Site Planning
Regulations, Subsection F6, Off-street and on-street parking, of the
Town Center Zoning and Design Regulations, as contained at the end
of this chapter, shall be provided.

Individual development sites conforming to the minimum lot area
may have up to 55 units by right. A maximum of 80 units per development
site may be achieved if the development exercises the TDR option.

Permitted uses. The following uses are permitted uses in the TC-3
and TC-4 Zone Districts subject to the applicable development standards
and requirements as set forth in the accompanying Street Regulating
Plan, Building Regulating Plan, Site Plan Regulations, and Design
Regulations incorporated herein by reference:

Toolsheds and outside storage sheds shall be limited to 48 square
feet and be set back a minimum of three feet from any property line
except at major roads. Setbacks from major roads (not including lanes)
shall be 1/3 of the lot depth or lot width. Accessory uses shall be
architecturally compatible with the principal structure. (See Figure
2-3 in the Town Center Zoning and Design Regulations.)[15]

Any uses to be applied to the site shall have setbacks designed
and architectural features consistent with the Town Center Zone District
and shall be subject to review and approval by the Planning Board.

The intent of this section is to create a financing mechanism applicable
to all properties located within the Town Center Zone District which
will provide a reasonable contribution to the cost of creation and
maintenance of public open spaces located within the district.

The inclusion of the aforesaid open spaces is intended to provide
an aesthetic enhancement to the district as a whole and to transfer
obligations which would otherwise fall to individual property owners
to centrally located spaces which will benefit the community at large
and simultaneously allow development to occur on lots of sizes smaller
than those normally required.

The inclusion of these public spaces is anticipated to provide an
overall enhancement of property values within the district by allowing
more dense development and by providing amenities with pedestrian
access otherwise not typically available in the suburban environment.
Due to the significance of these public spaces to the overall development
of Town Center, the location, size and design have been included as
an open space element in the Township Master Plan.

Public space contribution. All properties located within the Town
Center Zone District and its various subsections shall be subject
to the payment of a public space contribution. The funds collected
by the Township pursuant to this section shall be deposited in a separate
designated account identified as the "Public Space Fund" which shall
be used solely for the purpose of the creation, completion, and maintenance
of the public open spaces located in the Town Center Zone District
and designated in the Town Center Open Space Plan as being for said
purpose. Street trees, typical development buffers, and typical site
plan landscaping shall not be included in the contribution calculation.
Upgrades to curb and sidewalk in the street right-of-way that are
beyond the typical standard of concrete shall, however, be included
in the contribution calculation.

Method of contribution. Property owners of properties located within
the Town Center Zone District shall be required to contribute their
proportionate share of the cost of the creation, enhancement and maintenance
of the public open spaces pursuant to the following formula:

Commercial and retail properties. All properties located within the Town Center Zone District shall be required to contribute to the Public Space Fund in an amount equal to $2.21 per square foot for retail and $2.01 per square foot for commercial properties in amounts equivalent to 1999 dollar values, which amounts are to be adjusted at time of payment by the Consumer Price Index of the Greater Philadelphia Region. For purposes of this section, commercial and retail properties shall be defined to include all properties which form part of an existing lot or newly created lot, the intent of which is for the location of a commercial or retail building or use directly related to a commercial or retail building either located on said lot or an adjacent lot for which the use is intended to be associated. Public parking areas required by this chapter or other similar public amenities required by § 142-19, TC Town Center District, shall not be considered in determining the contribution amount.

All newly created residential properties located within the
Town Center Zone District shall be required to contribute to the Public
Space Fund in an amount equal to the following in 1999 dollar values,
which amounts are to be adjusted at time of payment by the Consumer
Price Index of the Greater Philadelphia Region, for the various lot
types as set forth herein:

Residential properties with residential structures in existence
at the time of the adoption of the Town Center Ordinance[1] shall be exempt from any contribution, provided that they
remain purely residential properties.

Redevelopment properties. Those properties upon which development existed at the time of the adoption of the Town Center Ordinance which are intended to be used for any purpose other than that for which they existed at the time of the adoption of the Town Center Ordinance shall be subject to the provisions of this section if the intended use of the property is to be changed or expanded by virtue of the redevelopment of said property. Existing buildings shall be subject to 1/2 of the contribution as otherwise required under Subsection E(1) or (2) depending upon the change of use to which the property is intended to be put by the redevelopment of the same. Additions to existing commercial buildings, new construction, or replacement buildings shall be subject to the full contribution. For commercial building expansion but not a change of use, only the expanded portion of the building shall be used in the calculation of the fees. For developments proposing a change of use, the entire building shall be used in the calculation of the fees.

Public purpose properties. Any property intended to be used solely
for the purpose of a public use as required by the Town Center Ordinance[2] shall be exempt from the requirement of any contribution
pursuant to the provisions of this section.

Any property owner owning a property which is subject to the provisions
of this section shall be responsible for posting the amount determined
to be due to the Public Space Fund at the time of submitting an application
for a building permit or change of use, whichever occurs first. No
permits shall issue until the Chief Financial Officer of the Township
has certified that the requisite payment has been made to said fund.
Properties for which a phased approval is requested shall require
the posting of all required contributions for each approval phase
prior to the commencement of construction of any subsequent phase(s).
In the event it is impossible to determine the precise amount of the
contribution for an uncompleted phase, the property owner shall post
an amount equal to the maximum amount which could be owed. Upon completion
of that phase, any amount paid in excess of the actual amount which
should have been paid shall be refunded to the owner.

Use of funds collected. The use and distribution of funds collected pursuant to the provisions of this section shall be determined by the governing body upon recommendation by the municipal official as designated by § 142-19, TC Town Center District. Said funds, however, shall be used only for the purposes enunciated herein.

Waiver of contribution. The governing body shall reserve the right
to waive the collection of a Public Space Fund contribution from any
property owner who would otherwise be responsible for the payment
of the same upon recommendation by the designated municipal official
with the consent of the Planning Board if it is determined that the
property owner has offered or agreed to participation in an improvement
determined to be consistent with the enhancement of the public spaces
of the Town Center at large per the Open Space Master Plan.

Intent and purpose. It is the intent and purpose of this section
to create a zoning district which would permit the establishment of
a mixed-use/age-restricted conservation development (MU-ARCD) with
the objective to provide a mixed-use development of various types
of age-restricted housing or assisted and/or communal living facilities
integrated with non-age-restricted units combined with appropriate
intensities of commercial and other nonresidential uses, to create
a "blended," more organic community on one or more sites in proper
locations as recommended by the Township Master Plan and as set forth
on the amended Township Land Use Plan and Zoning Map. This district
shall permit the development of a mixed-use commercial node and a
residential hamlet or village containing a variety of unit types using
a neotraditional compact neighborhood design that will preserve existing
agricultural fields and forests and promote pedestrian-oriented shopping
within a mixed-use commercial and office area so as to promote the
following:

Hamlets and villages: protect the rural character, rural quality
of life, and cultural heritage of the community by channeling new
development in hamlets and villages. The street patterns of new hamlets
and villages should include several connections to the Township road
system and permit easy walking to Township facilities. "Gated-type"
communities and their prominent signs should be discouraged.

Creative use of large tracts: permit flexibility of design,
site layout, and development to promote superior land planning design,
greater economy, efficiency and convenience in the arrangement of
land uses and their supporting infrastructure, while preserving and
protecting open space, farmland, floodplains, and natural and scenic
features.

Service and utilities: encourage orderly and well-planned development
at a scale and location so that it is feasible to construct a comprehensive
package of supporting utilities, services and facilities, active and
passive recreation facilities, stormwater management system and associated
infrastructure. The proposed development shall either provide a private
water, sanitary, and stormwater system or be incorporated into an
existing public system.

Traffic circulation: encourage orderly development of sites
with sufficient frontage on major collectors or state or county highways
to provide safe, efficient access and traffic circulation, and require
orderly internal traffic and pedestrian circulation.

MU-ARCD District designated. The MU-ARCD district is established
on the following properties within the Township as shown on the map
attached hereto as Exhibit A[1] and designated on the Zoning Map, as amended hereby: Lots
23, 24 and 27 in Block 21; Lots 1, 11, 12, 13, 14, 22 and 23 in Block
22 and Lots 3, 4, 6, 7, 8, 9, 10, 11, 12, 23, 24, 25, 26, 27, 29 and
31 in Block 26 as shown on the Robbinsville Township Tax Map. The
existing Rural Agricultural (RA) and Office Research (OR) Zone Districts
which formerly applied to these properties are repealed in their entirety
and replaced with the new Mixed-Use/Age-Restricted Conservation Development
(MU-ARCD) District, standards and regulations established herein.

Age-restricted single-family dwellings. Age-restricted single-family
dwelling units shall be in detached, semidetached (duplex), and attached
(townhouse) structures and shall constitute a minimum of 80% of the
total residential units and a maximum of 150 units on the site, exclusive
of age-restricted/non-age restricted multifamily dwelling units, continuing
care retirement community or congregate and communal elderly housing,
assisted living, nursing home units and obligatory affordable housing
units. Location and type of age-restricted single-family dwelling
units shall be predetermined by the developer during the approval
process.

Non-age-restricted single-family dwellings. All single-family
dwelling units that are not age restricted shall be in detached, semidetached
or attached (townhouse) structures and shall constitute a maximum
of 20% of the total number of residential units and shall not exceed
a maximum of 30 units, exclusive of age-restricted/non-age-restricted
multifamily dwelling units, continuing care retirement community,
congregate and communal elderly housing, assisted living, nursing
home units and obligatory affordable housing units. Location and type
of non-age-restricted single-family dwelling units shall be predetermined
by the developer during the subdivision approval process.

Age-restricted/non-age-restricted multifamily dwellings. Age-restricted/non-age-restricted dwelling units in multifamily buildings provided that the number of such units does not exceed 24 units, exclusive of continuing care retirement community, congregate and communal elderly housing, assisted living, nursing home units and obligatory affordable housing units. The Township Council and board of jurisdiction may permit an increase in the allowable density of multifamily dwelling units to accommodate the inclusion of additional low- and moderate-income housing units pursuant to § 142-20.1E(2).

Continuing care retirement community or congregate and communal
elderly housing. Housing for persons 62 years of age or older which
provides various levels of residential accommodations and care and
may include residential, assisted living and nursing home accommodations.
Such housing or residences could provide various levels of support
services including such things as meals, transportation, maintenance,
housekeeping, activities, fitness center, entertainment, chaplain,
emergency response, utilities and home health care. The facility can,
but need not, include a mix of market rate, Section 8 HUD subsidized
housing, COAH, assisted living and nursing home units. All continuing
care retirement community (CCRC) units or congregate and communal
elderly housing facilities (CCEHF) shall be in multifamily structures
provided that the total number of CCRC and CCEHF residential units
shall not exceed a maximum of 200 units, exclusive of assisted living
or nursing home beds and obligatory affordable housing units. The
total number of assisted living or nursing home beds associated with
a CCRC or CCEH shall not exceed 200.

Mixed-use buildings and nonresidential uses. The following as-of-right
commercial uses are permitted in a MU-ARCD in mixed-use buildings
provided that any retail or service uses are limited to the ground
floor.

Offices may be permitted on the first, second and third stories
of mixed-use buildings, with the exception that such uses shall not
be permitted on the same floor as a residential use. Alternatively,
mixed-use buildings may include residential units on the second and
third stories above commercial or office uses, with the exception
that residential uses shall not be permitted on the same floor as
office or commercial space.

The minimum land area devoted to nonresidential and mixed-use
development shall constitute no less than 5% of the gross land area
within a MU-ARCD. Such uses shall be located within 1,000 feet of
a major arterial road and have either direct access to a road classified
in function by the Township Master Plan as a major arterial or secondary
access to a major arterial from a major collector road via a controlled
intersection. The parking areas of such uses shall be internally coordinated
and shall access adjacent roadways in limited locations, in conjunction
with adjacent residential uses. For the purpose of this subsection,
assisted living and nursing home facilities shall not be considered
nonresidential uses.

Public parks, conservation areas, open space and public purpose
uses. Any common open space areas proposed to be held by a homeowners'
association or lands proposed to be held in conservation easements
must first be offered to the Township for acceptance prior to being
conveyed to any other entity.

Public, quasi-public or private recreational parks. Public, quasi-public or private recreational parks, such as a community pool, community center and sports-related facility (e.g., Y.M.C.A.), provided they are located on site with a minimum of five acres and all parking requirements can be met on site for the intended use. The bulk regulations for the private nonprofit recreational facilities shall be as defined in § 142-20.1G(4)(b).

Agricultural uses. Agricultural activities may be permitted
on the portions of the land to be preserved through dedication or
conservation easements provided that a minimum buffer of 50 feet is
provided between any residential use and an active agricultural use.
Agricultural uses are limited to farming, crop production and landscape
stock production. Buildings for industrial agriculture shall be prohibited.

Assisted living and nursing homes. Assisted living residences
or nursing home facilities provided any such uses are located on entirely
self-contained sections or parcels or associated with a continuing
care retirement community or congregate and communal elderly housing
development and adequate parking and open space are provided on site.

Common recreational facilities. Indoor or outdoor recreation
centers and/or clubhouses, as specifically approved by the board of
jurisdiction, within the specified common open spaces to satisfy the
needs of the residential population and visitors within the development.
At a minimum, the proposed development shall provide common indoor
and/or outdoor recreational and cultural facilities for the use of
the residents of the development and their guests.

Editor's Note: Former Subsection D(9), which permitted certain
amateur radio antennas and antenna support structures as accessory
uses in the MU-ARCD District, was repealed 2-23-2012 by Ord. No. 2012-1.

Maximum residential base density. The maximum residential base
density in a MU-ARCD shall not exceed the equivalent of one dwelling
unit per gross acre, regardless of the mix of age-restricted, non-age-restricted,
continuing care retirement community units and congregate and communal
elderly housing facilities. When a calculation of permitted density
results in a fractional unit of 0.5 or more, the fractional unit shall
be rounded up to the nearest whole number. The maximum gross acreage
devoted to the MU-ARCD shall not exceed 500 acres. Particular sections
or phases of the proposed development may have net densities that
differ from the maximum gross residential density, but which when
averaged shall not exceed the maximum gross residential density. The
locations of age-restricted and non-age-restricted units shall be
predetermined at the time of general development plan or preliminary
plan approval. Assisted living, Nursing home or affordable housing
obligatory units shall not be counted in calculating the permitted
base density.

Increase in density. The Township Council and board of jurisdiction
may approve a density increase beyond the maximum gross residential
density in a MU-ARCD to accommodate the inclusion of additional low-
and moderate-income affordable housing units not previously incorporated
into the Fair Share Housing Plan of the Township or to accommodate
units that fulfill the on-site Fair-Share COAH obligation generated
by a project. In order to increase density, the proposal to provide
additional affordable housing units must be approved by the board
of jurisdiction, the Township Council and the Council on Affordable
Housing as an amendment to the Township's Fair Share Housing Plan.
Any increase in density based upon this section shall be determined
by the regulations of the Council on Affordable Housing. The precise
location and distribution of the affordable housing units, if any,
and the phasing of the development of same shall be subject to review
and approval by the Township Council and board of jurisdiction.

General development plan. An applicant for a MU-ARCD meeting the
minimum acreage requirements hereof may apply to the board of jurisdiction
for general development plan approval, which application shall be
subject to the provisions of N.J.S.A. 40:55D-45.1 through 40:55D-45.8.

The residential design standards of this section permit the
construction of infrastructure and site improvements that are inconsistent
with the Residential Site Improvement Standards (RSIS). The Township
and the developer for a MU-ARCD shall enter into an agreement to waive
the applicable provisions of RSIS to achieve the desired design elements
proposed on site or apply to the Site Improvement Advisory Board for
special area status waiver.

The minimum area and yard requirements for independent age-restricted,
continuing care retirement community units or congregate and communal
elderly housing facilities and non-age-restricted dwelling units shall
be as follows:

Lots may front on nonagricultural open space provided that these
lots meet all other bulk and yard requirements as set forth above.
Flag lots are permitted provided that the flag portion of the lot
has sufficient frontage and emergency access from a park or open space.

2

Exclusive of permitted setback encroachments.

3

When front-loaded garages are constructed, the minimum setback
at the garage shall be 20 feet.

The total land area devoted to nonresidential
and mixed-use development shall not exceed 15% of the gross land area
within a MU-ARCD. Such uses shall be located within 1,000 feet of
a major arterial road and have either direct access to a road classified
in function by the Township Master Plan as a major arterial or secondary
access to a major arterial from a major collector road via a controlled
intersection. The parking areas of such uses shall be internally coordinated
and shall access adjacent roadways in limited locations, in conjunction
with adjacent residential uses.

Residential subdivision controls. Except as specified herein,
all development standards and controls of the Township Land Use Ordinance
applicable to residential subdivisions and uses shall also be applicable
to MU-ARCD developments.

All age-restricted dwelling units shall be deed-restricted for
occupancy by households with at least one person 55 years of age or
older and with no person less than 19 years of age in permanent residence,
with the following exceptions:

A member of a couple under 55 years of age who resides in a
unit may continue to occupy the unit after the occupant who is 55
years of age or older enters an assisted living or nursing home facility
located in the development.

The required deed restriction shall be set forth in the master
deed and bylaws establishing the homeowners' association for the MU-ARCD,
which shall be reviewed and approved by the attorney for the Township
and the attorney for the board of jurisdiction as a condition of any
final approval granted for the MU-ARCD.

Buffers. The proposed development shall provide a landscaped
buffer of at least 50 feet in depth between the outer perimeter of
the property being subdivided and the boundary of any required yard
setback line of a newly created lot. The board of jurisdiction may
require additional landscaping to screen utility buildings, refuse
collection areas, cooling systems and other similar installations
and features. The board of jurisdiction may also reduce the required
buffer width where, in its judgment, topography, existing natural
vegetation or proposed landscaping, or other proposed improvements
provide sufficient screening and privacy for residents.

Open space and recreation areas. At least 65% of the gross acreage
of any MU-ARCD site shall be composed of land which is used for parks,
public/quasi-public/private recreational uses or parks and purposes
and/or preserved farmland, farmettes or permanently preserved open
space. "Open space" shall be defined as the required perimeter buffer
(but not required yards), preserved farmland, farmette, environmentally
sensitive lands, and/or land protected by conservation easements or
owned by a homeowners' association provided such land is permanently
preserved as open space. The land area on which stormwater detention
facilities are constructed may be counted as open space and be included
as part of the total required open space area calculation and such
facilities shall be maintained by the homeowners' association.

Ownership of common lands. Unless accepted by the Township;
all open space, private recreation areas and areas not owned by an
individual homeowner in a MU-ARCD shall be owned and maintained either
by a land trust or homeowners' association established by the developer.

Site layout design considerations. The board of jurisdiction
shall consider the layout of small neighborhoods or clusters within
the development, each having open space immediately surrounding it,
as a goal of proper site planning so that a massive concentration
of units, with little or no differentiation, can be avoided.

Residential corner lots. Side streets should be treated the
same as front streets. The front porch encroachment may wrap around
the corner on a corner lot house. Subject to the specific architecture
of the unit, rear yard fencing may extend along the side street and
may be between five feet and six feet high only from the rear property
line to a point that is either half of the depth of the unit or the
location of the side entry, when provided.

Decks, patios and terraces shall complement the architectural
style and design of the dwelling units and the overall project design.
Patios or decks shall not be constructed closer than five feet to
the side and rear property lines for single-family, duplexes or townhomes.

Trellises, arbors and gate arbors shall be proportionately sized
for the overall area of the yard and shall not exceed eight feet in
height, five feet in width and three feet in depth. They shall be
constructed of wood and complement the architectural style, type and
design of the fence or dwelling.

Vehicle circulation system and traffic access. All streets and
driveways within a MU-ARCD shall be designed to adequately serve their
intended traffic function and the anticipated volume of traffic generated
by the development. Direct access shall be provided by a state or
county highway or a road classified in function by the Township Master
Plan as a major collector or higher. Major traffic circulation streets
which connect to various sections of the MU-ARCD and provide access
to major off-site streets (e.g., state or county highway or a road
classified in function by the Township Master Plan as a major collector
or higher) shall be designated "development collector roadways."

Pedestrian and bicycle circulation system. In a MU-ARCD, a pedestrian
and bicycle circulation system shall be designed and installed in
addition to the vehicular circulation system, which is sufficient
for the needs of the development residents. Such a system shall be
composed of paved and unpaved walkways and bikeways of appropriate
width and designed and located to serve their intended function to
interconnect residents with nearby commercial services, public and
private recreational facilities and open spaces.

Required loading and service areas. When required, loading docks,
solid waste enclosures, recycling enclosures, and other service areas
shall be placed to the rear or side of buildings in visually unobtrusive
locations. Screening and landscaping shall be provided to minimize
direct views of the loading areas and their driveways from adjacent
properties or from the public right-of-way. Screening and landscaping
shall also be provided to minimize spillover glare, noise, or exhaust
fumes. Screening and buffering shall be achieved through walls, fences,
and landscaping. Screening shall be a minimum of five feet tall, and
shall be visually impervious. Recesses in the building or depressed
access ramps may be used.

Off-street and on-street parking. The overall intent for the
provision of parking in the MU-ARCD District is to balance the use
mix with available parking opportunities both on street and off street.
Off-street parking shall be provided according to the minimum requirements
as specified below:

Use

Required Off-Street Parking

Single-family dwellings

2 garage spaces per unit

Duplexes and townhomes

2 spaces per unit. (At least 1 garage space shall be provided.)

Multifamily dwellings:1,2

1 bedroom

1.00 space per unit

2 bedrooms

1.40 spaces per unit

3 bedrooms

1.75 spaces per unit

Accessory dwellings

1 space per unit

Retail2

Minimum 4 spaces per 1,000 square feet

Office

Minimum 3.5 spaces per 1,000 square feet

Public, quasi-public and private nonprofit recreational facilities

Minimum 4 spaces per 1,000 square feet

Assisted living and nursing home facilities

1/3 space per bed and 1 space per staff member on maximum shift3

Notes:

1

Total on-street and off-street parking for multifamily dwellings
shall be 1.35 spaces for one-bedroom units, 1.65 spaces for two-bedroom
units and 2 spaces for three-bedroom units.

2

If adequate on-street parking is not available, additional off-street
spaces shall be provided.

3

No more than the number of off-street parking required to meet
the needs of residents, employees and guests of the facility shall
be allowed.

Off-street parking for commercial uses shall be sufficient to
provide parking for the employees of all proposed uses as well as
long-term customer parking. Spaces reserved for employees shall be
designated as such by means of striping and signage. Off-street parking
lots shall be located at the side and rear of buildings on the interior
of lots whenever possible, and shall be accessed by means of common
driveways. Cross-access easements for use and maintenance of adjacent
interconnected parking lots shall be required in a form acceptable
to the Township Attorney and the board of jurisdiction attorney.

In addition to the off-street parking requirements specified
above, on-street parking shall be provided to serve customers of commercial
uses. Where permitted, commercial on-street parking shall be provided
as curbside, parallel, or angle parking located along both sides of
the streets on blocks upon which commercial uses front.

Shared parking shall be encouraged for all commercial parking
lots and particularly for those serving mixed-use commercial and residential
buildings. Where necessary, in parking lots which are serving mixed-use
commercial and residential buildings, the board of jurisdiction may,
in its discretion, permit a limited amount of parking to be reserved
either for residential or specified commercial uses only; or may restrict
the hours that certain spaces are to be used for residential or commercial
uses only. In exercising its discretion to allow any limitations to
be placed on the use of any parking spaces, the board of jurisdiction
shall do so with the intent to limit such restrictive use in order
to advance the objective of encouraging shared parking.

Parking lot layout, landscaping, buffering, and screening shall
be provided to minimize direct views of parked vehicles from streets
and sidewalks, avoid spillover light, glare, noise, or exhaust fumes
onto adjacent properties, in particular residential properties, and
provide the parking area with a reasonable measure of shade, when
trees reach maturity. In order to achieve these objectives, parking
lots exposed to the public view shall be surrounded by a minimum of
a three-foot-high, year-round visually impervious screen, hedge, or
wall. However, where these buffers are used to screen driveways or
approach sidewalks or walkways, the walls will be located in a manner
to provide adequate visibility of pedestrians from motor vehicles,
and shall not interfere with clear sight triangle requirements.

The interior of all parking lots shall be landscaped to provide
shade and visual relief. This is best achieved by protected planting
islands or peninsulas within the perimeter of the parking lot. Parking
lots with 10 or less spaces may not require interior landscaping if
the board of jurisdiction determines that there is adequate perimeter
landscaping. In parking lots with 11 or more spaces, a maximum of
one deciduous shade tree shall be required to be planted in the parking
lot for every five parking spaces. A six-foot planting diamond or
equivalent planter is required per tree. Choice of plant materials,
buffer width, type of screening, location, and frequency of tree planting
shall be flexible provided these objectives are designed to the satisfaction
of the board of jurisdiction.

Parking lot layout shall take into consideration pedestrian
circulation. Pedestrian crosswalks shall be provided, where necessary
and appropriate, shall be distinguished by textured paving, and shall
be integrated into the wider network of pedestrian walkways. Pavement
textures shall be required on pedestrian accessways, and strongly
encouraged elsewhere in the parking lot, as surfacing materials, or
when used as accents and as approved by the board of jurisdiction.

The maximum width of a driveway throat shall not exceed 24 feet.
There shall be no more than one driveway apron per lot. Driveways
that are accessed through the front yard area shall be no wider than
20 feet.

Parking may occur within the driveway leading to
the garage, in which case said garage shall be set back 20 feet from
the right-of-way of the rear lane. No vehicle parked in a driveway
or parking area shall encroach into the public right-of-way.

Residential lots may require on-site parking spaces
adjacent to the garage in order to meet the minimum off-street parking
requirements if sufficient spaces are not provided within the garage
and the driveway to the garage.

Garages on single-family or duplex and townhouse
end units on corner lots are permitted direct access to the side street
provided the entrance of said garage has a setback 10 feet farther
than the side wall of the dwelling unit.

Required parking for multifamily buildings may
be located in common parking lots located on a lot other than that
containing the apartment building entrances; parking shall be located
within 300 feet of the urban apartment building entrance in order
to minimize parking off site.

Nonconforming lots, structures and uses. Nonconforming lots, structures and uses existing at the time of adoption of this § 142-20.1 which are not incorporated as part of a MU-ARCD development application shall be governed by the following.

Nonconforming lots. Any existing lot on which a building or structure is located, which does not meet the minimum requirements of this § 142-20.1, may have additions to the principal building and/or construction of an accessory building without obtaining variance relief, provided that the following requirements are met:

Structures and uses. Any use, building or structure lawfully existing at the time of the enactment of this § 142-20.1 which does not meet the requirements contained in § 142-20.1 may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion, flood or other act of God, to an extent of more than 66% of the recorded true value as appraised by the average of three independent certified appraisers selected by the Township and paid for by the property owner, then such destruction shall be deemed completely destroyed and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this § 142-20.1. If any residence is destroyed by fire only, it may be rebuilt regardless of the damage.

Purpose. This zone district is intended to recognize the development
of the Route 33/Route 130 corridor for office and commercial uses,
and provide for new office and commercial uses with a goal of avoiding
the strip commercial image that could occur along these highways.

Permitted uses in the OC-1 Zone District shall take into account
the availability of sanitary sewers as well as septic suitability
and the seasonal high water table. Where sanitary sewers are not available,
permitted uses shall be limited to low-intensity uses with minimal
utilization of on-site sanitary sewage disposal systems. Principal
permitted uses of the land and buildings where sanitary sewers are
not available are as follows:

Permitted business and commercial uses shall be limited to those
included in the Standard Industrial Classification Group (SIC) indicated.
Codes are based on the Standard Industrial Classification Manual of
1987 by the United States Office of Management and Budget. Two-digit
SIC codes signify major groups within a primary activity classification
and include all three- and four-digit subgroups within each major
group:

Other uses whose day-to-day activities are consistent with the uses described in § 142-21B and C, provided that the applicant shall submit a description of the proposed use(s) and the operational aspects of the use(s) for review and determination of compatibility by the Zoning Officer.

Temporary construction trailers and one sign not exceeding 32 square
feet advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a building permit and concluding with
the issuance of a certificate of occupancy or one year, whichever
is less, provided that the trailer and sign are on the site where
construction is taking place and set back at least 15 feet from street
and lot lines.

Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

Access frontage. Because most of this zone has frontage along median-divided
Route 130, curb cuts must be located with the intention of minimizing
the total number of curb cuts. Driveway access should be no closer
than 250 feet from any public street intersecting with Route 130.

Landscaping and buffers. All areas not devoted to structures and
all unpaved areas shall be landscaped with trees, shrubs and ground
cover. Buffers shall be provided in all parking areas to screen vehicles
from public streets and adjacent properties. A visually impervious
buffer consisting of evergreen screen plantings which are a minimum
of four feet high shall be provided in parking areas located within
front setback areas. Parking areas within side or rear yards shall
be provided with a visually impervious buffer consisting of screen
plantings, board-on-board or masonry fencing.

In furtherance of the 2007 Master Plan Reexamination and Land Use
Element Amendment (herein known as the Master Plan) adopted March
21, 2007, the creation of this VC District is part of a cohesive economic
development plan intended to improve the primary commercial corridors
within the Township and help to achieve a better balance between residential
and commercial development. Additionally, the VC District will help
the Township in its historic preservation efforts. An objective of
the Master Plan is to establish planning and design standards so that
new developments are of a scale that is compatible with the Township's
historic and rural character. The Master Plan calls for the creation
of a village commercial district within the area delineated as this
zoning district in order to take advantage of the surrounding historic
communities and to help create a unique sense of place with office
and retail uses for both residents and visitors to explore. The Master
Plan further recommends appropriate planning designs and architectural
review in order to maximize benefits and minimize negative externalities
and impacts.

The intent of the VC Zone is to provide commercial uses at a scale
that is consistent with the adjacent Village of Windsor. As stated
in the Master Plan Reexamination and Land Use Element, the following
types of uses are not the intended types of uses for the VC Zone:
new or used sales or rental of motor vehicles; automotive repair facilities;
motels; gas stations; adult book stores; adult movie theaters; drug
paraphernalia stores; junkyards; massage parlors; tattoo parlors;
kennels; car washes; and body piercing studios.

Service activities, such as but not limited to banks, barbershops,
beauty salons, tailors, shoe repair, dry cleaners, provided no cleaning
conducted on the premises, jewelry repair, and legal services.

Temporary construction trailers and one sign not exceeding 32 square
feet advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a building permit and concluding with
the issuance of a certificate of occupancy or one year, whichever
is less, provided that the trailer and sign are on the site where
construction is taking place and set back at least 15 feet from street
and lot lines.

Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

Performance and design standards. The following criteria and guidelines
shall be used by all municipal agencies in reviewing applications
for site plan approval. They are intended to provide a framework within
which the designer of the site development is free to exercise creativity,
invention, and innovation. Where a development involves an existing
building or site upon which an existing building is located, the existing
building shall be repaired, renovated, and restored to comply with
this section. Three-dimensional illustrative architectural renderings
shall be submitted as part of any site plan application. The renderings
may be digital. These color renderings shall be considered part of
any approvals granted and shall not be substantially changed.

Exception. The performance and design standards described in this
section shall be used as the Township's presumptive minimum requirements
for subdivision and site plan development and as criteria for evaluating
the plan and design of such development plans. However, the guidelines
and standards are not intended to restrict creativity, and an applicant
may request that the performance and design standards be modified
or waived. To gain approval of such modification or waiver, the applicant
shall demonstrate the criteria for variances pursuant to N.J.S.A.
40:55D-70.

The organization of buildings, drives, parking areas, service
areas, walks and other site components should have a functional relationship
and be compatible with existing site features and the adjacent historic
Village of Windsor.

Physical site elements such as accessory buildings, fences,
walls, tree grates and other plantings should relate from one parcel
to another as well as the adjacent historic Village of Windsor to
provide visual continuity.

Franchise architecture (building design that is trademarked
or identified with a particular chain or corporation and is generic
in nature) is discouraged. Franchise of national chains are encouraged
to follow building design standards provided herein to create a unique
building that is compatible with surrounding buildings.

Materials, texture and color. Materials for new construction should
be similar to the types of and textures of materials in the area,
specifically the historic Village of Windsor. Renovations, restoration
and maintenance work should match existing materials.

Mechanical equipment and roof projections. Exterior-mounted mechanical
and electrical equipment exposed to public view shall be architecturally
screened. Roof-mounted equipment and projections should be painted
the same color as the roof.

A human scale should be achieved at ground level and along street
frontages and entryways through the use of windows, doors, columns,
canopies and architectural details such as cornices, window and door
trim, etc.

Large single rectangular block buildings with undifferentiated
facades are inappropriate. Where large structures are required, massing
should be broken up through the use of gables, indentations, variation
in rooflines, arcades and other design techniques.

Each facade must be treated architecturally, not just the entrance
facade. The entire front sides and rear of the building shall be coordinated
in compatible colors and materials. Street facades in the public view
should receive the greatest architectural interest.

Roofs. The type, shape, pitch, texture and color of a roof should
be considered as an integral part of the design of a building and
shall be architecturally compatible with the style, materials, colors
and details of such building.

Pedestrian circulation and walkways. All buildings shall be harmoniously
related to the existing road network and other civic spaces. Pedestrian
linkages to adjacent neighborhoods, specifically the historic Village
of Windsor, are encouraged.

Parking lot layout shall take into consideration pedestrian
circulation and activities. Pedestrian crosswalks shall be provided,
where necessary and appropriate, should be distinguished by textured
paving and shall be integrated into the wider network of walkways.

Extensive landscaping shall be required in accordance with a
plan conceived for each site as a whole. All areas of a site not occupied
by buildings, parking lots, other improvements or textured paving
shall be intensively landscaped by the planting of grass or other
ground cover; masses of shrubs; and trees as part of site plan approval.
Landscaping shall be integrated with other functional and ornamental
site design elements, where appropriate.

Protection of existing plantings. Maximum effort shall be made
to save existing plantings. No material or temporary soil deposits
shall be placed within four feet of shrubs or 10 feet of trees designated
to be retained. Protective barriers or tree wells shall be installed
around each plant and/or group of plants that are to remain on the
site. Snow fences and silt fences are examples of acceptable barriers.

Slope plantings. Landscaping in the area of cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all slopes steeper
than one foot vertically to three feet horizontally shall be planted
with ground covers appropriate for the purpose and soil conditions,
water availability and environment.

Maintenance. See § 142-47L. Additionally, plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.

All applications for development shall include plans for water
irrigation on all landscaping, buffering and lawn area. The approved
irrigation plan shall be constructed, installed and maintained by
the developer and/or subsequent owner.

All light fixtures and light poles proposed as part of a site
plan should be ornamental and compatible with the architectural style
of the building and the adjacent historic Village of Windsor. Lighting
standards that are not compatible with the architecture design of
the building, such as cobra heads or shoeboxes, are not permitted.

In furtherance of the Master Plan Reexamination and Land Use Element
Amendment (herein known as the Master Plan) adopted March 21, 2007,
the creation of this HC District is part of a cohesive economic development
plan intended to improve the primary commercial corridors within the
Township and help to achieve a better balance between residential
and commercial development. The Master Plan calls for the creation
of a highway commercial district within the area delineated as this
zoning district in order to facilitate and stimulate commercial development
along Route 130. The Master Plan further recommends appropriate planning
designs, uses, and architectural review in order to maximize benefits
and minimize negative externalities and impacts.

The intent of the HC Zone is to provide commercial uses that serve
Township residents as well as residents of the surrounding municipalities.
As stated in the 2007 Master Plan Reexamination and Land Use Element,
the following types of uses are not the intended types of uses for
the HC Zone: new or used sales or rentals of motor vehicles; motels;
adult book stores; adult movie theaters; drug paraphernalia stores;
junkyards; massage parlors; tarot card readings/fortune-telling establishments;
tattoo parlors; and body piercing studios.

Designed shopping complex: a building or group of abutting buildings
designed to be utilized by more than one permitted use where such
building or group of abutting buildings is constructed at one time.
The area and yard requirements shall be applied to the one building
or group of abutting buildings as one structure.

Service activities, such as but not limited to banks, barbershops,
beauty salons, tailors, shoe repair, dry cleaners (except no chemical
dry cleaning is permitted on the premises), jewelry repair, and legal
services.

Temporary construction trailers and one sign not exceeding 32 square
feet advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a building permit and concluding with
the issuance of a certificate of occupancy or one year, whichever
is less, provided that the trailer and sign are on the site where
construction is taking place and set back at least 15 feet from street
and lot lines.

Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

Performance and design standards. The following criteria and guidelines
shall be used by all municipal agencies in reviewing applications
for site plan approval. They are intended to provide a framework within
which the designer of the site development is free to exercise creativity,
invention, and innovation. Where a development involves an existing
building or site upon which an existing building is located, the existing
building shall be repaired, renovated, and restored to comply with
this section. Three-dimensional illustrative architectural renderings
shall be submitted as part of any site plan application. The renderings
may be digital. These color renderings shall be considered part of
any approvals granted and shall not be substantially changed.

Exception. The performance and design standards described in this
section shall be used as the Township's presumptive minimum requirements
for subdivision and site plan development and as criteria for evaluating
the plan and design of such development plans. However, the guidelines
and standards are not intended to restrict creativity, and an applicant
may request that the performance and design standards be modified
or waived. To gain approval of such modification or waiver, the applicant
shall demonstrate criteria for variances pursuant to N.J.S.A. 40:55D-70.

Buildings should avoid long, uninterrupted wall or roof planes.
Building wall offsets, including both projections and recesses, shall
be required in order to provide architectural interest and variety
and relieve the visual effect of a single, long wall. Similarly, roofline
offsets should be provided along any roof measuring longer than 75
feet in length in order to provide architectural interest and variety
to the massing of a building and relieve the negative visual effect
of a single, long roof.

Architecture. Franchise architecture (building design that is trademarked
or identified with a particular chain or corporation and is generic
in nature) is discouraged. Franchise of national chains are encouraged
to follow building design standards provided herein to create a unique
building that is compatible with surrounding buildings.

Facades should be designed to balance vertical and horizontal
elements of composition. In general, facades should present a vertical
division into base, middle or shaft and capital or cornice, as well
as a pattern of horizontal subdivisions into bays, where appropriate.
Separation of a facade into these components helps relate a building
to the human scale.

Undifferentiated facades, facades where the vertical elements
overwhelm the horizontal elements indicative of changes in level or
use, expansive blank walls, or facades with extended horizontal fenestration
should not be permitted.

In a multiple building development, buildings located on the
interior of a site should front towards and relate to one another,
both functionally and visually. To the extent possible, multiple building
developments should be organized around features, such as courtyards
and quadrangles, which encourage pedestrian activity.

The type, shape, pitch, texture and color of a roof should be
considered as an integral part of the design of a building and should
be architecturally compatible with the style, materials, colors and
details of such buildings.

Architectural embellishments that add visual interest to roofs,
such as dormers, belvederes, masonry, chimneys, cupolas, clock towers
and other similar elements, are encouraged, provided that they are
architecturally compatible with the building.

Mechanical screening. All mechanical equipment, whether placed on
the ground, roof or other location, should be screened from ground
level view with an acceptable material compatible with the architectural
scheme of the development.

Storefronts are an integral part of a building. The building's
facade should dictate the storefront's composition in terms of spacing
and alignment of buildings and windows. Storefronts should be designed
to be compatible with the overall character of the facade, to maximize
pedestrian interest, and to maintain a pedestrian scale.

Walkway design ("walkway" shall mean a path provided for pedestrian
use through a site) shall promote pedestrian circulation within each
site and throughout the district; walkways shall be separate and distinct
from motor vehicle circulation and, to the greatest extent possible,
provide a pleasant route for users, promote enjoyment of the site
and encourage incidental social interaction among pedestrians.

Walkways should be constructed of brick, colored/textured concrete
pavers or slabs, or some combination thereof that is compatible with
the style, materials, colors, and details of the surrounding buildings
as well as with the public sidewalks. The functional, visual and tactile
properties of the paving materials should be appropriate to the proposed
functions of pedestrian circulation. Walkways should be raised and
curbed along buildings and within parking lots, where suitable.

The layout, materials and details used in the treatment of exterior
spaces shall be selected to enhance their immediate surroundings.
Public and semipublic exterior spaces should be functional and provide
amenities for their users, in the form of textured paving, landscaping,
lighting, street trees, benches, trash receptacles and other items
of street furniture, as appropriate.

In the HC Zone, site plans shall balance the functional requirements
of parking with the provision of pedestrian amenities. Transition
areas between parking and commercial uses shall be designed with textured
paving, landscaping, and street furniture.

Parking lot layout shall take into consideration pedestrian
circulation and activities. Pedestrian crosswalks shall be provided,
where necessary and appropriate, shall be distinguished by textured
paving and shall be integrated into the wider network of walkways.
Pavement textures shall be required on pedestrian accessways, and
strongly encouraged elsewhere in the parking lot, as surfacing materials
or when used as accents.

Access frontage. Because this zone has frontage along median-divided
Route 130, curb cuts must be located with the intention of minimizing
the total number of curb cuts. Driveway access should be located in
accordance with New Jersey Department of Transportation standards
and regulations from any public street intersecting with Route 130.

Extensive landscaping shall be required in accordance with a
plan conceived for each site as a whole. All areas of a site not occupied
by buildings, parking lots, other improvements or textured paving
shall be intensively landscaped by the planting of grass or other
ground cover; masses of shrubs; and trees as part of site plan approval.
Landscaping shall be integrated with other functional and ornamental
site design elements, where appropriate, such as ground paving materials,
paths and walkways, gazebos, fences and walls, street furniture, art
and sculpture.

Protection of existing plantings. Maximum effort shall be made
to save existing plantings. No material or temporary soil deposits
shall be placed within four feet of shrubs or 10 feet of trees designated
to be retained. Protective barriers or tree wells shall be installed
around each plant and/or group of plants that are to remain on the
site. Snow fences and silt fences are examples of acceptable barriers.

Slope plantings. Landscaping in the area of cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all slopes steeper
than one foot vertically to three feet horizontally shall be planted
with ground covers appropriate for the purpose and soil conditions,
water availability and environment.

Maintenance. See § 142-47L. Additionally, plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.

All applications for development shall include plans for water
irrigation on all landscaping, buffering and lawn area. The approved
irrigation plan shall be constructed, installed and maintained by
the developer and/or subsequent owner.

All light fixtures and light poles proposed as part of a site
plan should be ornamental and compatible with the architectural style
of the building. Lighting standards that are not compatible with the
architecture design of the building, such as cobra heads or shoeboxes,
are not permitted.

The lighting plan should take into consideration the hours of
operation of the proposed use. The lights should be designed so that
they can be reduced or turned off when they are not necessary. A timer
may be necessary to regulate the hours.

Fences and walls, provided that no fences or walls for the containment of ponies, horses, cows, sheep, or other farm livestock shall be located within 100 feet of any street right-of-way line common property line with a residential zone. See § 142-36 for additional standards.

Temporary construction trailers and one sign not exceeding 32 square
feet, advertising the prime contractor, subcontractor(s), architects,
financing institution and similar data for the period of construction
beginning with the issuance of a building permit and concluding with
the issuance of a certificate of occupancy or one year, whichever
is less, provided that the trailer(s) and sign are on site where construction
is taking place.

Employee cafeterias as part of a principal building or as the entire
use of a principal building, provided the cafeteria is limited in
service to the employee of the principal use designed on the site
plan approved by the Planning Board.

Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

Front yard. The front yard setback must be a minimum of 25% of the
average lot depth. This area must be extensively landscaped. Parking
in the front yard is limited to 2% of total parking. Principal dropoff
and entrance to the structure shall be in the front yard. All parking
in front yards shall be screened by planting to a minimum height of
four feet and maintained as a one-hundred-percent impervious buffer.

Side and rear yards. These yards must be three times the total height
of the building, including heating, ventilation and air conditioning,
or 100 feet. All rear and side yards must be extensively landscaped
with either vegetation which at planting provides a one-hundred-percent
visually impervious barrier from five feet above ground level or with
a combination of berms or fence wall.

Floor area ratio. Two-tenths or 20% of lot area, including all enclosed
surfaces under one roof, if public sewer and water are available.
If public sewer is not available, then the floor area ratio shall
be 0.05.

Access. All lots containing these uses must be interconnected and
provide direct access with the proposed loop road or other major arterials.
Developers will be responsible to provide off-site and on-site circulation
improvements in proportion to the potential impacts.

Preamble. This zone recognizes the need for large tract development
for office, warehouse, light manufacturing and "flex" (office/warehouse
buildings) in the Township. Also permitted are uses which are intended
to provide attendant services for employees, suppliers and visitors
of the primary uses. Due to the nature of these uses, the same must
be situated in proximity to major arterial roads and highways. The
zone also recognizes that there are several isolated residential properties
physically located in the zone district, which residences are located
in such a way as to preclude a separate zone district being created.
The intent is to allow the existing residential properties to continue
to exist as the same subject to certain bulk requirements, which shall
only be applicable to properties which exist as residences at the
time of the adoption of this section.

The development regulation which permits the developer the
right to develop portions of the planned development at ratios greater
than the overall permitted coverage ratios and floor area ratios so
long as the development of the entire area of the planned development
does not exceed the overall permitted coverage and floor area ratios.

The manufacturing of products by the assembly or fabrication
of components, including the incidental machining, painting, finishing,
testing or packaging prior to wholesale or retail distribution; excluding,
however, any outdoor light manufacturing or assembly.

A multitenanted office-distribution structure with components
not less than 5,000 square feet per modular unit. The office component
of any module shall not be less than 10% nor greater than 50% of any
module.

A minimum tract area as specified by ordinance to be developed
according to a plan as a single entity containing one or more structures
with appurtenant common areas to accommodate those uses specified
in this section.

That area designated on the Robbinsville Township Zoning
Map as "PCD Zone."[1] The PCD Zone shall include the area bounded on the west
by the New Jersey Turnpike, on the north by Gordon Road, on the east
by the Monmouth/Mercer County border and on the south by I-195. An
applicant meeting the requirements of this section may develop its
property located within the PCD Zone as a planned development pursuant
to a general development plan application, or by an application for
site plan approval, with or without an application for general development
plan approval.

The gross area of land which consists of lots having one
or more common boundaries. The intent of this section is that separation
of lots or portions of the tract by dedicated streets shall not be
deemed to destroy the continuity of the acreage which is the subject
of an application for planned development.

PCD Zone criteria. Within those areas specifically designated on the Zoning Map of Robbinsville Township as within the PCD Zone, any application for development shall be made in accordance with the regulations and procedures detailed in this chapter, provided the proposal meets with all of the criteria of Type 1 or Type 2 uses as defined in Subsection D of this section. Development of Type 1 uses, Type 2 uses, or a combination of Type 1 and Type 2 uses, may be approved pursuant to an application for site plan approval, with or without an application for general development plan approval.

PCD alternate criteria. Planned development within the PCD Zone shall be a permitted alternate form of development on tracts with a gross area of at least 350 acres. Application for this alternative shall be made in accordance with the regulations and procedures described in Subsection I of this section pertaining to a planned development, provided that the proposal meets all of the following minimum criteria:

The tract is to be developed according to a general development plan as a single entity to accommodate nonresidential uses as permitted in Subsection D of this section and is proximate to regional interstate highways.

Retail and related uses sited for the convenience of the employees
within the PCD Zone in conjunction with a general development plan
for a planned commercial development. Such retail uses shall be limited
to:

Restaurants, provided there is no drive-through
service or service in vehicles. An employee cafeteria or lunch room
whose location is within a building and whose operation is solely
accessory to a permitted nonretail use shall not be construed to be
a restaurant under this section.

Hotel and conference centers, including professional meeting
and training facilities (i.e., classrooms, auditoriums, amphitheaters),
recreational and athletic facilities, dining and banquet facilities
and accessory retail or other service facilities incidental to said
use.

Mixed-use building. Within a mixed-use building, retail uses
shall not exceed 5% of the floor area of any individual Type 1 use
building. Plan averaging of retail floor area shall also be permitted
as part of a general development plan; provided, however, that the
total retail floor area shall not exceed 10% of the floor area of
all Type 1 uses in the plan. All retail uses shall be integrated into
the overall campus style design of the PCD development. The Planning
Board shall have the power to limit the extent and location of freestanding
and all other retail uses.

General warehouse uses, warehouse showrooms, and retail outlets
which are solely incidental to a warehouse use. This section shall
not be construed so as to permit retail-warehouse or warehouse-type
uses whose primary function is direct on-site retail sales to the
public.

Note: Accessory uses, except for parking areas, shall not occupy
a floor area greater than 30% of the floor area dedicated to the principal
use or combination of principal uses to which the accessory use or
uses relate. Accessory uses may be located within the same building
as the principal use or in a separate accessory structure.

Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 142-33.1H.

Development standards. Notwithstanding any provisions elsewhere in this section or in any ordinance of Robbinsville Township, planned commercial developments are subject only to the standards and provisions contained in this Subsection F.

Note: Rooftop screening of utilities shall not be included in
the measurement of maximum height. The use of rooftop penthouses shall
be limited to passive commercial uses such as the housing of equipment.

Building coverage for principal buildings shall
be permitted to a maximum of 18% of the total Section 1 tract area
of the planned development. Total lot coverage shall be permitted
to a maximum of 50% of the total Section 1 tract area of the planned
development. Total floor area ratio shall be permitted to a maximum
of 18% of the Section 1 tract area of the planned development.

Averaging of building coverage, total floor area
ratio and total lot coverage over the total Section 1 tract area of
a planned development shall be permitted; provided, however, that
no one lot of the planned development shall exceed an FAR of 23%,
a maximum building coverage of 23% and a maximum lot coverage of 55%.

Building coverage for hotel or conference center
uses shall be permitted to a maximum of 30% of the lot. Total lot
coverage shall be permitted to a maximum of 50% of a lot used for
hotel or conference center development. Total floor area ratio for
a lot used for hotel or conference center shall be permitted to a
maximum of 30%.

Building coverage for principal buildings shall
be permitted to a maximum of 32% of the total Section 2 tract area
of the planned development. Total lot coverage shall be permitted
to a maximum of 52% of the total Section 2 tract area of the planned
development. Total FAR shall be permitted to a maximum of 32% of the
total Section 2 tract area of the planned development.

Averaging of building coverage, total lot coverage
and FAR shall be permitted over the total Section 2 tract area of
a planned development; provided, however, that no one lot of the planned
development shall exceed an FAR of 42%, maximum building coverage
of 42% and maximum total lot coverage of 62%.

A building transition setback of not less than 150 feet, as
specified herein, and measured from the property line shall be established
adjacent to any residential zone district, except along a line that
coincides with state or federal highway, the New Jersey Turnpike or
an approved preservation area. No building shall be located within
the transition setback. The transition setback shall include a minimum
landscaped width of 80 feet between the property line and any parking
area.

Vehicular access points to the surrounding road system shall
be limited to West Manor Way and Old York Road. All driveways and/or
internal roads shall be designed to direct traffic (particularly truck
traffic) to and from the I-195 interchanges.

Any planned commercial development plan, with general development
plan approval, or major subdivision plan that is not part of a general
development plan approval, which proposes FAR, lot coverage, and building
coverage averaging shall vest that authority as provided to the Planning
Board by virtue of N.J.S.A. 40:55D-39c(5) to require the appropriate
restrictions as to preservation of open space so as to preserve the
average density reflected in the proposed plan.

Areas provided for loading and unloading of delivery trucks
and other vehicles, and for servicing of buildings by refuse collection,
and other service vehicles shall be adequate in size, and shall be
so arranged that they may be used without blockage or interference
with the use of accessways or automobile parking facilities. Size,
number and other criteria regarding loading and unloading areas for
delivery trucks and other vehicles shall be as set forth in this chapter.

All parking, loading, access and service areas shall be adequately
illuminated at night. All lighting, including sign lighting, shall
be arranged so as to protect the highway and adjoining property and
roads from direct glare or hazardous interference of any kind. Lighting
shall be designed with regard to height and illumination so as to
minimize the impact on the residents of any surrounding dwelling units.
Areas provided for truck parking shall be visually screened by landscaping
from collector streets.

The Planning Board may permit a thirty-percent reduction of
the required number of parking spaces required to be constructed in
connection with any individual site plan if the applicant can prove
that it is unlikely that there will be a sufficient parking demand
to warrant full compliance and the site plan contains an area reserved
for future parking expansion if and when needed.

Parking shall be permitted in setback areas; provided, however,
that any parking within a setback area shall be located no more than
40 feet from the interior building setback line. Parking setbacks
shall be as follows:

Right-of-way widths for internal roads and alleys in a planned
development may be proposed at less than 60 feet, but not less than
50 feet, but shall in all cases be of sufficient width and design
to safely accommodate the reasonably anticipated traffic, parking,
and loading needs where applicable, as well as access for fire-fighting
equipment.

All improvements which are not both proposed for dedication
and accepted by Robbinsville Township shall be regarded as nonpublic
improvements. The maintenance or improvement of nonpublic improvements
shall be the responsibility of the developer or its successors in
interest.

Planned commercial development tract layout. The tract shall be designed
utilizing a campus-style layout. The developer shall employ design
techniques to create an integrated, park-like development having a
desirable visual environment.

Extensive parking areas, truck yards, and loading docks should
be screened from view from the street/public right-of-way by use of
landscape, architecture feature(s) for fence(s). Fence(s) should complement
design of building and be consistent with the general architectural
character.

If proposed, picnic areas and other recreational facilities
shall be properly integrated into the design of the site development
or individual lot. Consideration should be made to locate such areas/facilities
away from the main entrance(s) to the building. Roofed shelters as
part of these areas shall be encouraged when appropriate.

Facades facing a street or public right-of-way should be segmented
by offsets, reliefs, and/or features of appropriate scale to visually
break long elevations into a series of favorable scaled elements in
relation to a normal urban scale. These elevations should not extend
beyond a maximum of 300 feet between reliefs. Blank wall segments
without relief or discernible pattern treatment should be not greater
than 30 feet. Specifically designed landscape treatment(s) along blank
wall segments can be considered an acceptable option to a discernible
pattern treatment on the wall.

Each facade of the building should be designed to complement
adjoining facades in close proximity. Preferred facade materials and
combinations can include concrete (tilt-up/precast), brick and/or
architectural textured concrete masonry units. Other exterior products
may be used, assuming the composition of the design and materials
create a unique facade treatment which reflect an honest expression
of the use and size of the project. For example, architectural insulated
metal panels may be used as a limited design treatment, but must be
used carefully to create a compatible composition with the major facade
material(s).

Material color and texture range must be considered in the facade
composition. The color and texture range (field, bands and accents)
provides an opportunity to segment the facades and soften the scale
of large buildings; therefore, they should be used with care and purpose.
Color can be applied to the surface of the facade material or be integral
to that material, but it is important that consideration should be
given to the wearability of any finish(es). Color compatibility in
glass, frames, doors, etc., is also an important consideration for
the final design. Color can also be used to enhance the three-dimensionality
and apparent depth of facade treatments. Texture treatment should
be clearly discernible from curbside through its composition and shadow
effect. It should add to the sculptural composition of the wall and
accent its three-dimensionality. Joint treatment that is part of the
architectural composition of the facade should also be clearly visible
from such a distance and may need to be treated architecturally to
create such an effect.

Rooftop equipment should be placed away from all facades in
an effort to minimize its visual impact as seen from the adjoining
street or public right-of-way. Careful attention should be given to
its orientation and color when locating rooftop equipment. Rooftop
equipment should be considered as part of the architectural composition
of the building. If inevitable, rooftop equipment located close to
building facade should be screened. Such screen should completely
block the equipment from the adjoining street or public right-of-way
view and be consistent and integral to the architectural composition
of the building.

Signage and logo(s) placement should be considered in the concept
phase of the project as part of the architectural composition of the
building. Signage and logo(s) need to identify the project, be subtle
and provide visitor/Fire Department clear direction to the primary
and secondary points of entry.

The purpose of the within subsection is to establish a mechanism
to promote the preservation of lands located within the Township of
Robbinsville which are determined to have long-term importance for
agricultural, open space, or recreational purposes and are consistent
with a desire to maintain the present quality of life in the Township.

A preservation component of the land use ordinances of the Township
is herein created in conjunction with the establishment of the Planned
Commercial Development Zone (PCD Zone) District. The preservation
component as set forth herein recognizes the extent of land included
in the PCD Zone and the existing character of portions of said land
which are presently in agricultural use or are environmentally significant
open space.

This section further recognizes the potential need for recreational
open space which may be generated by the development of the PCD Zone
and which may benefit the community at large by being located outside
the perimeters of the lands constituting the PCD Zone.

Those lands as designated in the Open Space Inventory as
approved by the Township Planning Board and/or the Master Plan of
the Township as being of significant agricultural, open space or recreational
nature so as to merit preservation from future development wherever
practicable. Said lands shall include lands which are of such character
and specifically those lands located within the area bounded on the
south by Gordon Road; on the west by the New Jersey Turnpike; on the
north by Walters Road; and on the east by the Monmouth County line.

The increment by which floor area ratio (FAR) and lot coverage
shall be adjusted on a tract of land approved by the Planning Board
and located within the PCD Zone, which lands may also include tracts
less than 350 acres, upon demonstration by the developer thereof that
lands in the preservation area will be deed restricted for future
agricultural, open space, or recreational use.

Lands located within the preservation area and approved by
the Planning Board which are designated by a developer for preservation
by deed restriction for agricultural, open space, or recreational
use.

A map prepared and submitted by an applicant for general
development approval of lands located within the PCD Zone showing
lands within the preservation area which are intended to be preserved
pursuant hereto as the PCD property is developed. In the case of an
applicant seeking development of a property of less than 350 acres
and located within the PCD Zone, said map shall be submitted at the
time preliminary site plan approval is sought for the first development
of any land located on its property.

The preservation factor to be applied to any property shall
be calculated in accordance with the following formula which takes
into account the total acreage of a tract of land for which the preservation
factor is to be applied and the use to which the land is to be put
in accordance with the PCD Zone Schedule of Permitted Uses.

A preservation factor of 4.25% of the area of the entire tract
to which the increment in floor area ratio and maximum lot coverage
is to be applied shall be calculated for those properties which are
to be developed as Type I uses in the PCD Zone Schedule of Permitted
Uses. An increment of 1% of floor area ratio and maximum lot coverage
shall be applied to the tract for the retirement of the equivalent
amount of preservation land as shown on the preservation map which
equates to the 4.25% preservation factor.

A preservation factor of 2.50% of the area of the entire tract
to which the increment in floor area ratio and maximum lot coverage
is to be applied shall be calculated for those properties which are
to be developed as Type II uses in the PCD Zone Schedule of Permitted
Uses. An increment of 1% of floor area ratio and maximum lot coverage
shall be applied to the tract for the retirement of the equivalent
amount of preservation land as shown on the preservation map which
equates to the 2.50% preservation factor.

An applicant may elect to seek an increment in floor area ratio
and maximum lot coverage in an amount which is a fraction of a percent
of floor area ratio and maximum impervious coverage. The amount of
preservation land as shown on the preservation map which is to be
retired shall then be in an amount adjusted to correlate to the fractional
increase, rounded to the next higher acre.

To qualify for a preservation factor, applicants for development
of property within the PCD Zone may submit to the Planning Board a
preservation map showing the land proposed to be preserved for agricultural,
open space, or recreational use at the time of application for general
development approval. At the time of application, the applicant must
demonstrate evidence to the satisfaction of the Planning Board that
it has a legal right to offer such land for preservation by future
deed restriction. No more than 15% of the lands shown on the preservation
map for preservation shall be freshwater wetlands unless the same
are to be preserved for open space purposes due to their environmental
significance. In the case of applicants for development of property
less than 350 acres and located within the PCD Zone who are desirous
of obtaining a preservation factor, the applicant must satisfy the
above requirements at the time it makes its first application for
preliminary site plan approval of any land located on its property.
All of the above shall otherwise apply.

The Planning Board shall review the preservation map to verify
that the lands to be deed restricted are located within the preservation
area and to verify the total area of the preservation land as shown
on the preservation map. The Planning Board shall further review the
preservation map to determine the total area of freshwater wetlands
on the lands to be deed restricted.

Said lands shall have frontage on an existing road or, in the
case of lands to be deed restricted for agricultural purposes, may
be contiguous to lands already deed restricted for agricultural purposes
in the discretion of the Planning Board. Lands to be deed restricted
for agricultural purposes must be of a minimum lot size of six acres
unless they are contiguous to lands already deed restricted for agricultural
purposes and are approved by the Planning Board.

Those lands which are deed restricted for open space purposes
need not have frontage on an existing road, provided there is environmental
significance in preserving them from future development and the Planning
Board makes such a determination.

Planning Board approval of a general development plan for which
a preservation factor is sought shall include a determination of the
floor area and coverage area increment to be applied to the tract.
Upon approval of the preservation map and lands to be deed restricted,
the Planning Board shall compute the actual preservation area to be
applied. The maximum preservation factor adjustment to any tract shall
not exceed 8% of the floor area ratio or land coverage to which the
applicant would otherwise be entitled.

The Planning Board shall assign a preservation factor for lands
shown on the preservation map which are designated in the Open Space
Inventory as adopted by the Planning Board and/or the Master Plan;
or lands which are located north of Gordon Road. In its discretion,
the Planning Board may assign a preservation factor for lands shown
on the preservation map which are located within the PCD Zone.

Upon submission of each application for preliminary site plan
approval for development of its tract, the applicant shall set forth
the preservation acreage, if any, it intends to preserve in connection
with that development which is the subject of its application.

The applicant shall further demonstrate the amount of square
footage of FAR and land coverage which it intends to apply to that
particular application and the net result of such application on the
total amount of floor area and coverage area increment to which it
is entitled by virtue of its approved preservation map.

The applicant shall further submit an updated preservation map which shows the boundaries of the preservation lands to be deed restricted at the time it applies for its building permit for the development proposed in its application. Said updated preservation map shall also show the boundaries of lands previously deed restricted and approved by the Township pursuant to Subsection H(3)(g) below.

Prior to the issuance of any building permit to be issued in
conjunction with an approved site plan for which a preservation factor
has been applied, the applicant shall forward to the Planning Board
and the governing body a true copy of a deed to the lands to be preserved
in connection with said approval. Each deed shall contain a restrictive
covenant consistent with the purpose for which the land is to be deed
restricted in a form acceptable to the Township Attorney. Upon approval
by the Township Attorney, the governing body shall approve the proposed
deed language by resolution, copies of which shall be served upon
the Planning Board and the applicant. The applicant shall then supply
proof of the recording of said deed prior to the actual issuance of
a building permit.

Application for development within the PCD Zone may, in accordance
with N.J.S.A. 40:55D-45.3, be made as a planned commercial development
in accordance with the regulations and procedures described in this
chapter pertaining to general development plan.

The Planning Board may require, in addition to those elements of the general development plan as enumerated in Subsection I(2)(b)[2] hereof, a plan or plans showing the interrelationship of the proposed general development plan to all other properties located within or adjacent to the PCD Zone taking into consideration the future development capabilities of those properties.

Time for action. Upon submission to the administrative officer
of a complete general development plan application for planned development,
the Planning Board shall grant or deny general development plan approval
within 95 days of the date of submission or within such further time
as may be consented to by the applicant pursuant to N.J.S.A. 40:55D-45
et seq. Failure of the Board to act within the prescribed time shall
constitute approval.

Required submissions; complete application. An application for
approval of the general development plan shall be deemed complete,
as per the provisions of N.J.S.A. 40:55D-10.3, upon submission by
the applicant of the following:

A land use plan indicating the total tract area
and the general location of the land uses to be included in the planned
development. A planned development shall contain a reasonable mix
of Type 1 and Type 2 uses in accordance with the overall general development
plan. The tract area devoted to Type 1 and Type 2 uses shall be specified
in the land use plan. The amount of nonresidential floor area to be
provided and proposed land area to be devoted to nonresidential use
shall be set forth. In addition, the proposed types of nonresidential
uses to be included in the planned development shall be set forth,
and the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth, and a nonresidential floor area ratio shall be
provided.

A development and timing plan, setting forth the
amount of nonresidential floor space and the nonresidential floor
area ratio for the general development plan, according to a schedule,
which generally sets forth the sequencing of any sections of the development
and the procedure for establishing the timing of the development.
The development and timing plan shall not set forth fixed dates or
specific improvements or developments since the timing of such is
at the discretion of the applicant. The development and timing plan
shall establish a period within which the various types of uses and
subgroups thereunder and any related improvements will be developed.
Approval of said time periods by the Planning Board shall be a part
of the overall general development plan approval.

A circulation plan, indicating the general location
and types of transportation facilities within the planned development,
including facilities for pedestrian access and any proposed improvements
to the existing transportation system outside the planned development
proposed by the applicant pursuant to a traffic impact study.

An open space plan, indicating the approximate
major land areas to become open space, a description of the intended
improvements within said area, and the allocation of responsibility
for maintenance of the open space.

An environmental inventory, including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate and cultural resources of the site, existing man-made
structures or features and the probable impact of the development
on the environmental attributes of the site.

A utility plan, indicating the need for and showing
the proposed location of sewage and water lines, any drainage facilities
necessitated by the physical characteristics of the site, proposed
methods for handling solid waste disposal, and a plan for the operation
and maintenance of proposed utilities.

A fiscal report describing the anticipated demand
on municipal services to be generated by the planned development and
any other financial impacts to be faced by the municipality or school
districts as a result of the completion of the planned development.
The fiscal report shall also include a detailed projection of property
tax revenues which will accrue to the county, municipality and school
district according to the timing schedule provided for under this
and following the completion of the planned development in its entirety.
The fiscal report shall be submitted for informational and municipal
planning purposes only; nothing in this report shall serve as a basis
for the Board to delay or deny an approval.

The general development plan may also include, if appropriate,
a community facility plan indicating the scope and type of supporting
community facilities which may include, but not be limited to, educational
or cultural facilities, historic sites, libraries, hospitals, firehouses
and police stations.

Technical analysis. Upon submission of a complete application
for general development plan approval to the Planning Board, the applicant
shall submit a copy of the application to the Planning Board Secretary
for review by the Technical Coordinating Committee (TCC). The TCC
shall meet with the developer and the developer's experts within such
reasonable time thereafter as shall be agreed upon between the Planning
Board (or its subcommittee) and the developer, for the purpose of
reviewing:

Technical report submitted to Planning Board. The TCC Subcommittee
shall submit a report of its technical analysis to the full Planning
Board within 30 days of submission of a complete application by the
applicant. The review of the TCC shall be based upon the design standards
set forth in this section and any other applicable recognized professional
engineering standards.

Findings of Planning Board; action by the Planning Board. The Planning
Board shall, prior to approving any planned development as provided
herein, make the necessary findings and conclusions pursuant to N.J.S.A.
40:55D-45.

That the general terms and conditions upon which approval has
been granted, including but not limited to on-site or off-site improvements
requirements, shall not be changed, unless application for modification
is made by the applicant and approved by the Planning Board pursuant
to the terms of this section;

The term of the effect of any general development plan approval
shall be determined by the Planning Board using the guidelines set
forth in this section, except that the term of the effect of the approval
shall not exceed 20 years from the date upon which the developer receives
final approval of the first section of the planned development. In
making its determination regarding the duration of the effect of approval
of the general development plan, the Planning Board shall consider
the amount of nonresidential floor area to be constructed, prevailing
economic development and the likelihood of its fulfillment, the developer's
capability of completing the proposed development, and the contents
of the general development plan and any conditions which the Planning
Board attaches to the approval thereof.

Approval of preliminary and final site plan and/or subdivision
applications (which may be submitted from time to time for portions
of the general development plan or simultaneously with the general
development plan application) shall be granted upon proof of compliance
with the approved overall development plan and with the permitted
uses, densities and development standards set forth in this section
as of the date of approval of the planned development. No separate
environmental impact statement shall be required for subsequent site
plan or subdivision applications upon compliance with the standards
referred to above. Notwithstanding the above, the applicant may be
required by the Planning Board to post any performance or maintenance
guarantees and pay any inspection fees permitted by statute in accordance
with N.J.S.A. 40:55D-53 and required by ordinance.

If a preservation map has been submitted showing preservation
lands to be preserved within the preservation area, approval of the
general development plan, subdivisions and preliminary and final site
plans shall set out the preservation factor applicable to the general
development plan, subdivisions and site plans and shall contain an
express condition that preservation dedication shall be completed
before the issuance of a building permit for development pursuant
to site plan.

Modification of timing schedule. In the event that the developer
seeks to modify the proposed timing schedule, such modification shall
require the approval of the Planning Board. The Planning Board shall,
in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the municipality and the region, and the availability
and capacity of public facilities to accommodate the proposed development.

Except as provided hereunder, the developer shall be required
to gain the prior approval of the Planning Board if, after approval
of the general development plan, the developer wishes to make any
variation in the location of land uses within the planned development
or the floor area ratio of nonresidential development in any section
of the planned development.

Except as provided hereunder, once a general development plan
has been approved by the Planning Board, it may be amended or revised
only upon application by the developer approved by the Planning Board.

A developer, without violating the terms of the approval pursuant
to this section, may, in undertaking any section of the planned development,
reduce the amounts of nonresidential floor space by no more than 15%
or reduce the nonresidential floor area ratio by no more than 15%.

In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final nonresidential structure in the last
section of the development in accordance with the timing schedule
set forth in the approved general development plan and the developer
has fulfilled all of his obligations pursuant to the approval.

Upon the completion of each section of the development as set
forth in the approved general development plan, the developer shall
notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan. If the municipality
does not receive such notification at the completion of any section
of the development, the municipality shall notify the developer, by
certified mail, in order to determine whether or not the terms of
the approved plan are being complied with.

If a developer does not complete any section of the development
within eight months of the date provided for in the approved plan,
or if at any time the municipality has cause to believe that the developer
is not fulfilling his obligations pursuant to the approved plan, the
municipality shall notify the developer, by certified mail, and the
developer shall have 10 days within which to give evidence that he
is fulfilling his obligations pursuant to the approved plan. The municipality
thereafter shall conduct a hearing to determine whether or not the
developer is in violation of the approved plan. If, after such a hearing,
the municipality finds good cause to terminate the approval, it shall
provide written notice of same to the developer and the approval shall
be terminated 30 days thereafter.

In the event that a developer who has general development plan
approval does not apply for preliminary approval for the planned development
which is the subject of that general development plan approval within
five years of the date upon which the general development plan has
been approved by the Planning Board, the municipality shall have cause
to terminate the approval.

The consultants to the Planning Board will conduct an annual review
within the first quarter of each year of the status of the approvals
and development in the PCD Zone and will prepare a report for the
Planning Board.

Preamble. This zone recognizes the need for office/warehousing and
light manufacturing, and repair shops in the Township. All heavy industry,
chemical refining and storage have been expressly omitted. The zone
also recognizes that there are several isolated residential properties
physically located in the zone district, which residences are located
in such a way as to preclude a separate zone district being created.
The intent is to allow the existing residential properties to continue
to exist as the same subject to certain bulk requirements which shall
only be applicable to properties which exist as residences at the
time of the adoption of the within ordinance.

Fences and walls, provided that no fences or walls for the containment
of ponies, horses, cows, sheep, fowl or other farm livestock shall
be located within 100 feet of any street right-of-way or common property
line with a residential zone or use.

Temporary construction trailers and one sign, not exceeding 32 square
feet, advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a building permit and concluding with
the issuance of a certificate of occupancy or one year, whichever
is less, provided that the trailer(s) and sign are on the site where
construction is taking place.

Rear and side yard shall have minimum setbacks equivalent to
two times the height of the structure. All side and rear property
lines must be buffered using a combination of vegetation berms and/or
fences. The width of a landscaped area with a berm shall be a minimum
of 20 feet, whereas a structural fence of masonry wall shall be a
minimum of five feet in width. Buffering shall be 100% visually impervious.
If the use abuts a residential zone or existing residential use, the
buffer shall be 50 feet in width, with an evergreen planting of a
minimum of two staggered rows of evergreen trees, planted at five
feet to six feet at time of planting.

Any principal building may contain more than one use or organization.
An industrial park may contain more than one principal building, provided
that the minimum lot size is at least 20 acres and that all land coverage
requirements of this chapter are met.

At least the first 75 feet adjacent to any street line and 20 feet
adjacent to any lot line shall not be used for parking, shall be planted
and maintained in lawn area or ground cover or landscaped with evergreen
shrubbery and shall be separated from the parking area by poured concrete
or Belgian block curbing, except that portions of the landscaped area
beyond 75 feet of any street line and 20 feet of any lot line need
not be separated from the parking area by curbing. A landscaped buffer
of 300 feet shall be maintained with any development adjacent to Hankins
Road.

Any use which utilizes chemical storage, or processing or application
thereof which uses toxic chemicals, shall contain such uses within
a building with floors and sufficient wall height of impermeable material
to contain the total volume of any or all tanks in case of leakage.
A concrete-lined sump can also be used.

All buildings shall be compatibly and aesthetically designed,
whether constructed all at one time or in stages over a period of
time. All building facades shall be suitably finished for aesthetic
purposes, which shall not include unfinished, unpainted or painted
cinder block or concrete block walls or metal-walled buildings.

All portions of the property not utilized by buildings or paved
surfaces shall be landscaped, utilizing combinations such as landscaped
fencing, shrubbery, lawn area, ground cover, rock formations, contours,
existing foliage and the planting of conifers and/or deciduous trees
native to the area in order to either maintain or reestablish the
tone of the vegetation in the area and lessen the visual impact of
the structures and paved areas. The established grades on any site
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assure that the capacity of
any natural or man-made drainage system is sufficient to handle the
water generated and anticipated both from the site and contributing
upstream areas.

Access to building must be provided by separate vehicular road
and linked with one of the major arterials shown in the circulation
element of the adopted Robbinsville Township Master Plan. Truck access
shall not negatively impact residential areas.

Streetscape (street frontage). All streets, either public or private, shall be curbed. See § 142-47F for street tree requirements. Lighting shall be provided for streets and parking lots in accordance with § 142-37.

Airport runway(s), taxiways, aprons and all other aircraft operational
areas, including necessary aircraft navigational aids and air traffic
control devices as prescribed and approved by the New Jersey Department
of Transportation airport licensing standards.

Buildings and storage areas shall be located entirely within the
building area, defined for the purposes of this subsection as all
areas within the airport zone but beyond the building restriction
line established by the Federal Aviation Agency for the particular
airport.[1]

Editor's Note: The building restriction line for the Trenton-Robbinsville
Airport has been set by the Federal Aviation Agency and the New Jersey
Department of Transportation as 250 feet from either side of the runway
center line for safety considerations.

General requirements. The airport, or any change in the facilities
and equipment of the airport, shall comply with all pertinent regulations,
rules and orders of the Division of Aeronautics of the New Jersey
Department of Transportation and the Federal Aviation Administration
governing design and minimum dimensional standards established for
the appropriate class of airport. In addition, the following requirements
shall apply:

The airport owner or manager shall ensure that no hazards to safe
operation of aircraft are permitted to exist on any property owned
by the airport or for which air space rights have been obtained. No
structure, tree or other natural obstruction shall be erected on such
property which will constitute a hazard, and any existing fence, transmission
line, smokestack, transformer, tree or other obstruction which may
constitute a hazard shall be removed, properly marked or lighted or
otherwise controlled so as to eliminate the potential hazard.

The airstrip shall be maintained in such a manner as to minimize
hazard and interference with the existing and/or probable future land
use pattern of the Township and shall at no point be less than 400
feet from the airport boundary.

Airport operations shall be conducted within the prescribed and posted
air traffic pattern to ensure that such is not substantially hazardous
to adjoining property and does not materially interfere with the use
of surrounding property by reason of noise, vibration, dust or other
annoyance.

All accessways to a public street or highway shall be located at
least 200 feet from the intersection of any street or other accessway
and shall be designed in a manner conducive to safe entrance and exit.

Permitted signs shall be restricted to those necessary to identify
the airport and permitted uses or to direct persons to such uses.
The area on one side of any such sign shall not exceed 50 square feet,
and no sign shall interfere with air flight.

At least the first 50 feet adjacent to any street right-of-way or
property line shall not be used for parking or storage, shall be planted
and maintained in lawn area or ground cover and shall be separated
from the parking area by curbing, except that portions of the landscaped
area located more than 50 feet from any street or lot line need not
be separated from the parking area by curbing.

All portions of the property not utilized by buildings or paved
surfaces shall be planted and maintained in lawn area or ground cover.
The established grades on the site shall be planned for proper drainage
to prevent erosion and silting and to ensure that the capacity of
any natural or man-made drainage system is sufficient to handle the
water generated and anticipated both from the site and contributing
upstream areas.

Minimum off-street parking. Off-street parking shall be provided
at the rate of one space for every 200 square feet of office space
or reception floor area, plus one space for every 4,500 square feet
of hangar floor area, plus one space for every three aircraft based
on the airport.

No person shall build, rebuild, create or cause to be built, rebuilt
or created any object, structure, or plant, or cause to be planted
or permit to grow any tree or vegetation, which will interfere with,
diminish, change or obstruct the airspace or landing and takeoff area
available for the landing and take off of aircraft at public use airports.

This section shall not require the removal or lowering of, or other
change or alteration of any structure or tree not conforming to the
rules when this chapter was adopted, or otherwise allow interference
with the continuance of any nonconforming use. No prior nonconforming
structure or tree or vegetation may be increased in height or allowed
to increase in height so that its nonconformance is greater than at
the time this chapter was adopted, i.e., no such structure may be
increased in height and any tree may be required to be trimmed down
to its original nonconforming height.

Within the provisions of this section, interstate highways are considered
to be a seventeen-foot vertical development, other public roads are
considered to be a fifteen-foot vertical development, a private road
is considered to be a ten-foot vertical development, and railroads
are considered to be a twenty-three-foot vertical development.

In the event that an airport owner or operator has an agreement with
the Federal Aviation Administration for the control of airport hazards,
the airport owner or operator shall comply with the more protective
provisions of both this section and any agreement with the Federal
Aviation Administration.

The provision of this section shall also become a part of the Master
Plan of development for Robbinsville Township, which has a Master
Plan. This section takes precedence and priority over any terms contained
in the Master Plan which are contrary to, or inconsistent with, the
terms of this section.

No variance or other relief from the standards promulgated by or
under this section may be granted by a municipality to itself or any
person except upon condition that the variance relief is contingent
upon the issuance of a permit allowing the variance or relief by the
Commissioner.

No airport regulated by the provisions of the Air Safety and Zoning
Act of 1983 shall hereafter be classified as a nonconforming use by
any ordinance of the Township or the Master Plan of the Township.
No airport in the Township is a nonconforming use, any other ordinance
to the contrary notwithstanding.

The base of the clear zone shall be collocated with the end
of the runway subzone and shall have a width of 250 feet. The width
of the clear zone shall increase as the distance from the end of the
runway safety zone increases. Its final width shall be 450 feet.

The runway subzone of an airport hazard area shall consist of a rectangle
having the same center line and length as the runway, unless a shorter
length is necessitated by limited property ownership at the airport.

If the physical end of a runway is closer than 200 feet from
the property or easement line of the airport, as measured along the
runway's extended center line, then the end of the runway subzone
shall be defined by a line drawn perpendicular to the runway center
line at a point 200 feet inside of the airport property or easement
line. In this case, a portion of the runway will extend beyond the
bounds of the runway subzone.

The base of the runway end subzone shall be defined by the end of
the runway subzone and shall have a width of 2,350 feet. The width
of the runway end subzone shall narrow as the distance from the end
of the runway subzone increases. Its final width shall be 850 feet.

Minimum obstruction ordinance standards are vertical standards measured
in respect to elevations whose datum is the horizontal plane established
by runway elevations. For example, if a point in an airport hazard
area permits, at a specific point, development up to "X" feet, that
means "X" feet above the runway horizontal plane and not "X" feet
above the natural grade of the land at that point in the airport hazard
area. This provision is further graphically depicted in Figure 4.[4]

The vertical standards within the runway subzone of an airport hazard
area are determined first by establishing the elevations at the runway
center lines at the ends of the runway subzone of the airport hazard
area. From those elevations at the runway subzone ends, a line is
run 90° outward from each side of the runway center line for a
distance of 125 feet. Within the area defined by these four points,
no development is allowed above the natural grade of the soil except
for runway and flight safety equipment.

The vertical standards within the remainder of the runway subzone
of an airport hazard area are determined by establishing planes from
the edges of the longitudinal zero-foot development restriction line,
established in N.J.A.C. 16:62-3.2(b)1.ii, which slope upward and outward
at a rate of seven feet horizontally to one foot vertically. This
upward plane ceases when it reaches the outer longitudinal borders
of the runway subzone of any airport hazard area at the elevation
of 150 feet above its starting point at the longitudinal zero-foot
development line.

The vertical standards within the runway end subzone of an airport
hazard area are determined by first establishing a plane with a rising
slope of one foot upward to 20 feet outward from the end of the runway
subzone to the outermost end of the runway end subzone. This plane
is bisected by the extended runway center line and is 250 feet in
total width at its innermost dimension and widens uniformly along
its three-thousand-foot length so as to have a total width of 850
feet at its outermost dimension where it intersects with the outermost
portion of the runway end subzone at the elevation of 150 feet above
its starting point at the zero-foot development line.

The vertical standards within the remainder of the runway end subzone of an airport hazard area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection F(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection F(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.

Those lands and premises within the Township identified by boundary
lines and lot and block numbers, located within the airport hazard
area, comprised of both the runway subzone and the runway end subzone,
are shown on Figure 9.[7]

Commercial uses as permitted by the applicable provisions of
the Airport Commercial District and/or the Golf Course Commercial
District, depending upon where the use is located or proposed to be
located, and not located in the clear zone.

The creation of the prohibited land use or vertical height development
will not in fact create an additional airport hazard limiting the
size of the area available for landing, taking off and maneuvering
of aircraft.

In the review of an application, the Department may take into consideration
any factor relevant to the hardship demonstrated by the applicant
and any information relevant to the public health, safety and welfare.

A developer of a project requiring creation or establishment of a
prohibited land use or vertical height development shall first apply
for development approval from the appropriate municipal agency. If
the municipal agency approves of the development, that approval shall
be conditioned on the developer applying for and receiving a permit
from the Commissioner in accordance with this section. Construction,
development or creation of any prohibited land use shall not commence
until a permit has been issued by the Commissioner.

Any person proposing to create or establish a prohibited land use
or vertical height development in a designated airport hazard area
not subject to municipal ordinances established in accordance with
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) shall present
the proposed development to the municipal governing body, which shall
be considered the municipal agency for purposes of these rules.

A letter requesting issuance of a permit by the Department from
the municipal agency having jurisdiction over the development, together
with a copy of the conditional approval for development granted by
the municipal agency, if required.

A detailed statement of the hardship condition necessitating
the application for variance or relief, and a showing that the public
health, safety and welfare will not be harmed by the creation of the
prohibited land use or vertical height development.

Submission of site plans, specifications and construction drawings
detailing the substance of the proposed development for which a permit
is sought. Site plans shall bear the raised seal of a New Jersey licensed
professional engineer, professional planner, land surveyor or architect
and shall show the location of property lines, the location of runways,
the boundaries of the airport hazard area, and elevations of proposed
development showing where and by what amount the development exceeds
the minimum standards for vertical development adopted under this
section.

Nonroutine cases, requiring the review or approval of a federal agency
or any other state agency prior to issuance of a permit, shall be
conducted in as timely a fashion as possible. The Director shall notify
the applicant of a delay in the review process necessitated by another
agency's involvement. The notification shall be provided prior to
80 days following the date of acceptance of a complete application,
and shall include an estimate of the date by which a completion of
the review process can be anticipated.

For routine cases not requiring review by other agencies, the Division
may, at its discretion, extend the ninety-day review period by 30
days if determined necessary to complete the review process. The applicant
and affected municipality shall be notified of this extension by the
Department at least 15 days prior to the expiration of the ninety-day
period.

If the Director recommends denial, the applicant and municipal agency
will be notified within five working days of the date of decision.
An applicant who has been so notified by the Director may request
an appeal before the Office of Administrative Law pursuant to N.J.S.A.
52:14B-1 et seq. and N.J.A.C. 1:1. The applicant shall notify the
Division by certified mail within 14 calendar days of notification
of denial that an appeal will be forwarded to the Office of Administrative
Law.

Pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1, a final determination
to either deny or grant the permit application will be made by the
Commissioner subsequent to the filing of an initial decision by the
Administrative Law Judge who conducted the hearing.

Approve the application as submitted. The applicant will receive
a permit which shall be effective during the same period as the development
approval granted by the municipal agency. The Department will mail
a copy of the permit to the applicant and municipal agency within
five working days of the date of approval.

Phased or partial approval. Where conditions warrant, the Commission
may provide for a phased approval of an application. The Commissioner
may also approve part of an application and deny the remainder. The
nature of approvals granted and the denials shall be transmitted to
the applicant and municipal agency within five working days.

Any applicant whose application was recommended for denial by
the Director. An applicant who has been so notified by the Director
may request an appearance before the Office of Administrative Law
pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1.

In the event that the Commissioner of Transportation, under Section
5 of the Air Safety and Zoning Act of 1983 (N.J.S.A. 6:1-84), adopts
an amendment or special standard for any airport located within the
Township based upon a determination that local conditions require
it, this section shall be deemed immediately and automatically amended
accordingly.

In the event that any of the statutes, administrative law, or regulations
promulgated by the Commissioner regarding procedures for permit applications
and/or appeals from decisions are changed, altered, amended or deleted,
this section shall be deemed immediately and automatically amended
accordingly.

Violation of any provision of this section shall be grounds for a
fine not to exceed $1,000 and/or modification, suspension or revocation
of any license issued under Title 6 of the New Jersey Statutes Annotated.

The Commissioner or the Township may institute, in any court of competent
jurisdiction, an action to abate any violation of any provision of
this section by way of injunctive relief or otherwise from the court.

Any area of land or water, or both, designed and set aside
for the landing and taking off of fixed-wing aircraft, utilized or
to be utilized by the general public for such purposes, publicly or
privately owned, and licensed by the Commissioner as a public use
airport or landing strip, or an area which has been determined by
the Commissioner to be likely to be so licensed within one year of
the determination.

Editor's Note: The Planning Consultant has
advised that Figures 7 and 8, which in combination overlay the current
Robbinsville Township Zoning Map, are superseded by Figure 9, which
also overlays the Robbinsville Township Zoning Map, depicts the clear
zones at each end of the runway of the Trenton-Robbinsville Airport.
Figure 9 is consistent with the graphic depiction of the clear zones
in the 1989 amendment to N.J.A.C. 16:62. (See official diagram on
file in the Robbinsville Township Municipal Building.)

The minimum interior road width used for general vehicular entrances,
exits, and thoroughfares (other than alleys or service entrances)
shall be 40 feet; and for portions containing lots for dwellings and
buildings open generally to residents, the minimum width of the tract
shall be 200 feet.

A distance of not less than five feet shall be maintained between
any mobile home including its appurtenances which are open and do
not have any roof or cover, such as patios, decks, steps and porches,
and any other mobile home and appurtenances. Notwithstanding the above,
a distance of not less than 10 feet must be maintained between any
mobile home and appurtenances such as patios, decks and sheds which
have a cover of any nature (including but not limited to a roof or
an awning) and any other mobile home and its appurtenances. Any inconsistency
or conflict between this section and the New Jersey Uniform Construction
Code as set forth in N.J.A.C. 5:23-1 et seq. shall be resolved in
favor of said code.

All storage sheds, metal sheds and other accessory-type storage
structures shall be located a minimum of five feet from any front
or rear mobile home lot line and 10 feet from any structure on an
adjoining mobile home lot.

Prior to the application for a building permit for construction
of any appurtenance or a cover thereto, a zoning permit must be obtained
from the Department of Planning of the Township. Said Department shall
establish a uniform application form including plot plan which must
be submitted to consider an application pursuant to this section.

A minimum of 10% of the tract area shall be set aside for outdoor
recreation and shall be improved with play equipment and recreational
facilities, including, but not limited to, swimming pool(s) and tennis
court(s), as shall be deemed by the Planning Board to be appropriate
to serve the needs of residents of the mobile home park and their
guests. Any such outdoor recreational area shall be subject to review
by the Planning Board for its suitability to the activities proposed
in terms of size, location, configuration and freedom from hazard.

A community building shall be provided within the mobile home park
which shall contain not less than 1,500 square feet of indoor recreational
space, plus rest rooms and sufficient space and facilities to accommodate
the indoor washing and drying of clothes and the provision of storage
space for the residents of the mobile home park in the amount of 150
cubic feet per mobile home unit. The community building shall be located
at least 30 feet from any mobile home and from any side or rear property
line and 75 feet from any public right-of-way line.

Road layout and road width. Streets shall be provided on the site
where necessary to furnish principal trafficways for convenient access
to the mobile home stand and be retained as private streets on the
property. All roads in the mobile home park shall be gently curved
so as not to be monotonous to drivers and shall be continuous except
at closed ends of dead-end streets. All roads shall be more than 600
feet in length and provided with a vehicular turning space of at least
40 feet in radius. All dead-end streets shall be 25 feet in bed width,
and all other streets shall be at least 30 feet in bed width and have
an unobstructed, convenient and safe access to public street or highway.
The minimum grade shall be 1%, or 1/2 of 1% if curbs are installed.

Parking. Parking spaces shall be provided without interference of
normal movement of all traffic. Parking spaces shall be provided either
in convenient parking bays or along one side of any street that has
a minimum width of at least 30 feet. In addition, two off-street parking
stalls shall be provided for each home site. Each parking stall shall
have a minimum width of nine feet and a minimum depth of 18 feet.
In the event that two parallel parking stalls are grouped together,
a minimum width of 12 feet shall apply at the point of contact with
any private or public street or sidewalk. It is recommended that spaces
be as near as possible to:

Sidewalks. In locations where common facilities are concentrated,
common continuous walkways of at least four feet in width shall be
provided. Primary walkways to each mobile home site shall be a minimum
of 36 inches in width. In all cases they shall be of durable construction.
Bituminous concrete or portland cement shall be used.

Buffer strips. A landscaped buffer strip shall be maintained
along the property lines of the mobile home park adjacent to off-tract
residential areas. Such buffer strip shall be at least 50 feet in
width.

Landscaping and natural site protection. Landscaping to be provided
in the mobile home development or park shall be shown on the site
plan. Wooded areas shall be preserved wherever possible without causing
interference with the general plans, specifications and other requirements
pertaining to the site. No mobile home or any addition or other structure
shall be constructed or installed within 40 feet of streams, rivers
or lakes.

Not to exceed one sign advertising property for sale, lease
or rent, provided that such sign not exceed four square feet in area,
may be erected at each principal entrance. In the case of new mobile
home parks, one sign not exceeding 18 square feet in area may be erected
for a period not to exceed two years at each principal entrance to
advertise the sale of lots or dwellings.

Directional signs not exceeding four square feet each at intersections.
These signs will be removed when the park is fully occupied. No illumination
of any such signs will be installed so as to become a nuisance to
adjoining properties. No sign shall be erected within five feet of
any exterior property line.

Storage and handling of fuel, oil, and flammable liquids. The
handling and storage of gasoline, fuel, oil or other flammable liquids
shall be in compliance with the pertinent standards of the National
Board of Fire Underwriters (Pamphlet No. 30).

Storage and handling of liquefied petroleum gases. The handling
and storage of liquefied petroleum gases shall be in compliance with
the applicable rules and regulations of the New Jersey State Department
of Law and Public Safety, Division of State Police.

Fire hydrants shall be provided in accordance with recommendations
of the Township Engineer, who shall, in making such recommendations,
follow the standards established by appropriate insurance underwriting
agencies to provide the minimum insurance premium cost for the occupants
of the mobile home park.

All construction shall conform to the standards promulgated
by the Department of Housing and Urban Development pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, 42 U.S.C. § 5401 et seq., and the standards for
manufactured homes promulgated pursuant to the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq.

Purpose. The purpose of this section is to implement the historic
preservation element of the Master Plan and to protect, enhance, and
perpetuate especially noteworthy examples or elements of the Township's
historic character and environment in order:

To maintain and develop an appropriate and harmonious setting
for the historic and architecturally significant buildings, structures,
site objects, hedgerows, vistas, and tree stands within the Township;

H-O Historic Overlay Zone designated. The H-O District is established
as an overlay zone on the following properties within the Township
and shown on the map attached hereto as Exhibit A[1] and designated on the Zoning Map, as amended hereby:

The Director of Community Development or his designee shall
be responsible for the review of any development applications which
affect the areas of the Township which are subject to the within ordinance.

A grouping of shrubs, bushes and similar vegetation which
forms a hedge. For purposes of this section, the same is intended
to include such groupings which were intentionally created or historically
maintained as a hedge.

Any buildings, sites, or objects within the Historic Overlay
Zone which are of a nature that are deemed to be of historic significance
due to their design, type of material, or workmanship and which have
been designated in the Master Plan directly or by reference to the
established historic districts of the Village of Windsor, the Hamlet
of New Sharon, and the Hamlet of New Canton to be: